Ojeda-Lopez

MEMORANDUM ***

Hector Blademiro Ojeda-Lopez, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals summarily affirming an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We review de novo due process challenges, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we dismiss in part and deny in part the petition for review.

The IJ denied Ojeda-Lopez’s application for cancellation of removal because he failed to establish that his wife, son, or stepchildren would suffer exceptional and extremely unusual hardship if he is removed to Mexico. We lack jurisdiction to review this discretionary determination. See Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003).

We reject Ojeda-Lopez’s contention that he was deprived of due process by the IJ’s ruling that he had failed to prove that his son and stepchildren are United States citizens because he was not prejudiced by this ruling. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (“To prevail on a due process challenge to [removal] proceedings, [petitioner] must show error and substantial prejudice.”) The record shows that, despite this…