Farias-Jimenez

MEMORANDUM **

Luis David Farias-Jimenez petitions for review of the decision by the Board of Immigration Appeals (“BIA”) that affirmed the immigration judge’s denial of Farias-Jimenez’s application for cancellation of removal. The immigration judge (“IJ”) held that Farias-Jimenez was ineligible for cancellation because he did not meet the “exceptional and extremely unusual hardship” requirement of 8 U.S.C. § 1229b(b)(l)(D). We dismiss the petition for lack of jurisdiction.

We have no jurisdiction to review the subjective, discretionary determination of whether an alien has established exceptional and extremely unusual hardship. Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir .2005); 8 U.S.C. § 1252 (a)(2)(B). We do have jurisdiction over constitutional claims and questions of law as they relate to cancellation of removal. 8 U.S.C. § 1252 (a)(2)(D). However, we lack jurisdiction to consider a claim that does not allege “at least a colorable constitutional violation.” Martinez-Rosas, 424 F.3d at 930 .

Farias-Jimenez argues that the IJ failed to weigh the hardship factors in accordance with the BIA’s own precedent and failed to consider evidence of his son’s medical…