Delos Santos v. Gonzales

MEMORANDUM **

Godofredo Lomotan Delos Santos, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) September 7, 2004 decision affirming an immigration judge’s (“IJ”) order denying cancellation of removal (No. 04-75039), and the BIA’s January 4, 2005 order denying his motion to reopen (No. 05-70543). We have jurisdiction pursuant to 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.

To the extent Delos Santos challenges the IJ’s hardship determination, this court lacks jurisdiction to consider his contention because the “ ‘exceptional and extremely unusual hardship’ determination is a subjective, discretionary judgment that has been carved out of our appellate jurisdiction.” Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003).

Delos Santos’s contention that the IJ’s denial of his request for a third continuance violated his due process rights is unpersuasive because he did not show how the absence of oral testimony from his…