Alfaro

MEMORANDUM ***

Jose Alfaro, a citizen of El Salvador, and his wife, Esmeralda Herrera, a citizen of Mexico, petition for review of a decision by the Board of Immigration Appeals (BIA) affirming without opinion the decision by the Immigration Judge denying their application for cancellation of removal based upon failure to establish exceptional and extremely unusual hardship.

1. We lack jurisdiction to review the discretionary determination of hardship, but we have jurisdiction to review Petitioners’ constitutional due process claims. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). However, the asserted due process claim that the IJ failed to apply the correct legal standard to their application for cancellation of removal is without merit, as the IJ explicitly found that petitioners failed to establish that removal would result in exceptional and extremely unusual hardship to any of their United States citizen children. See id. “[Traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.” Id.

2. The BIA’s refusal to accept Petitioners’ untimely brief…