Martinez-Quintero
Martinez-Quintero v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Jose Luis Martinez-Quintero and Maria De Los Angeles Martinez Garcia, husband and wife, and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) order denying their application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the discretionary determination that petitioners failed to establish exceptional and extremely unusual hardship to a qualifying relative. 8 U.S.C. § 1252 (a)(2)(B)(1); Martinez-Rosas v. Gonzales, — F.3d — , 424 F.3d 926 , 2005 WL 2174477, *3 (9th Cir. Sept.9, 2005).
Contrary to petitioners’ contentions, Congress comported with equal protection when it repealed suspension of deportation for aliens, who were placed in removal proceedings on or after April 1, 1997, while permitting aliens placed in deportation before that date to maintain their applications for suspension of deportation. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1108 (9th Cir.2003); Hernandez-Mezquita v. Ashcroft, 291 F.3d 1161 , 1163-65 (9th…