Marana

MEMORANDUM **

Eduardo Caranza Marana, a native and citizen of the Philippines, appeals the Board of Immigration Appeals’ (“BIA”) denial of his applications for waiver of inadmissibility and for cancellation of removal. We have partial jurisdiction under 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary denial of Marana’s fraud waiver application. See San Pedro v. Ashcroft, 395 F.3d 1156,1157-58 (9th Cir.2005) (“Section 237(a)(1)(H) clearly specifies that the discretionary waiver determination lies in the hands of the Attorney General.... Accordingly, we have jurisdiction only to review the statutory eligibility elements under § 237(a)(1)(H) and lack jurisdiction to review discretionary denial of the waiver.”) (internal citations omitted).

Marana’s contention that the BIA’s application of the 90/180-day rule of 8 U.S.C. § 1229b(d)(2) violates his due process rights because of impermissible retroactivity is foreclosed by this court’s decision in Garcia-Ramirez v. Gonzales, 2005 WL 2045773 , *5 (Aug. 26, 2005) (“Because we have already held that IIRIRA’s transitional rules contain express…