Mota
Mota v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
J. Carmen Mota and Arcelia Mota, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ decision dismissing their appeal from an immigration judge’s (“IJ”) order denying their application for cancellation of removal. To the extent that we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review due process challenges de novo, Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005), and we dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the agency’s subjective, discretionary determination that the Motas failed to establish the requisite hardship for cancellation of removal. See 8 U.S.C. § 1252 (a)(2)(B); Martinez-Rosas, 424 F.3d at 930 .
We also lack jurisdiction to consider the Motas’ contentions that the IJ violated their due process rights in weighing the hardship evidence and in requiring corroborating evidence, because they failed to exhaust these arguments before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (explaining that exhaustion is mandatory and jurisdictional when due process challenge is procedural in nature).