Barajas-Valdovinos

MEMORANDUM **

Sergio Barajas-Valdovinos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his 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. Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

To the extent the petition for review challenges the BIA’s discretionary finding that Barajas-Valdovinos failed to establish the requisite hardship, we lack jurisdiction to review the finding. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005) (the court lacks jurisdiction to review the agency’s discretionary hardship determination and noneolorable due process claims).

The agency did not violate Barajas-Valdovinos’s due process rights by refusing to allow his expert witness to testify regarding his son’s mother’s mental illness, where the expert witness report was admitted into evidence and the testimony would have been cumulative. Cf. Kaur v. Ashcroft, 388 F.3d 734, 737 (9th…