Hernandez
Hernandez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Nora Guadalupe Diaz Hernandez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s order denying her application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review constitutional claims de novo. Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We deny in part and dismiss in part the petition for review.
Hernandez’s contention that the BIA’s summary affirmance procedure denied her due process is foreclosed by Falcon-Carriche v. Ashcroft, 350 F.3d 845, 850 (9th Cir.2003). Likewise, her contention that the provisions of the Nicaraguan Adjustment and Central American Relief Act of 1997, PL 105-100, 111 Stat. 2160 (1997), violate the Equal Protection Clause is foreclosed by Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002).
We lack jurisdiction to review Hernandez’s contention that she established exceptional and extremely unusual hardship. See Martinez-Rosas, 424 F.3d at 929-30 .
We deny Hernandez’s motion to remand to the BIA for administrative closure. We recognize that Hernandez…