Alejandre
Alejandre v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Silvia Leticia Barojas Alejandre, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) April 4, 2004 decision affirming an immigration judge’s (“IJ”) order denying her application for cancellation of removal (No. 04-72412), and its September 28, 2004 order denying her motion to reopen (No. 04-75494). To the extent we have jurisdiction it is conferred by 8 U.S.C. § 1252 . We review de novo due process claims, and review for abuse of discretion the denial of a motion to reopen. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir. 2002). We dismiss in part and deny in part the petition for review.
Barojas Alejandre’s contention that the IJ erred by misapplying BIA precedent to the facts of her case “is nothing more than an argument that the IJ abused his discretion, a matter over which we have no jurisdiction.” Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We furthermore lack jurisdiction to consider any direct challenge to “the subjective, discretionary determination that an alien failed to satisfy the ‘exceptional and extremely unusual hardship’ requirement for cancellation of removal.” Id.