Cantor

MEMORANDUM ***

Jose Luis Garcia Cantor and his wife Elisa Santa Maria-Hernandez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to file a late brief and the BIA’s summary affirmance of an Immigration Judge’s (“LJ”) denial of their applications for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review the BIA’s denial of a motion to file a late brief for an abuse of discretion. See 8 C.F.R. § 1003.3 (c)(1) (2004). We dismiss in part and grant in part the petition for review.

We have jurisdiction under 8 U.S.C. § 1252 to review the BIA’s denial of the Petitioners’ motion to file a late brief. See Medina-Morales v. Ashcroft, 371 F.3d 520, *603 528 (9th Cir.2004) (indicating that the jurisdictional bar contained in 8 U.S.C. § 1252 (a)(2)(B)(ii) applies only to acts where the Attorney General has pure discretion “unguided by legal standards or statutory guidelines”); cf. Escobar-Ramos v. INS, 927 F.2d 482, 486 (9th Cir. 1991) (indicating that “extraordinary circumstances” can excuse the failure to timely file a brief with the BIA). The BIA abused it’s…