Garcia

MEMORANDUM **

Erik Hernandez-Garcia, a native and citizen of Mexico, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) affirming, without opinion, the denial of his application for cancellation of removal under 8 U.S.C. § 1229b(b). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo, Molinar-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002), and deny the petition for review.

Because Garcia did not, at the time of the hearing, have a qualifying spouse, parent or child, the Immigration Judge correctly determined that he was ineligible for cancellation of removal. See 8 U.S.C. § 1229b(b)(l)(D); Molina-Estrada, 293 F.3d at 1093-94 . Garcia’s equal protection claim is foreclosed by this court’s decision in Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (rejecting equal protection claim based on NACARA’s more favorable treatment of individuals from certain designated countries).

In his opening brief on appeal, Garcia states that in 2004, he married a United States citizen and now has three qualifying relatives. We lack jurisdiction to consider Garcia’s contentions regarding his changed circumstances because he failed…