Mariscal-Valle
Mariscal-Valle v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
In these consolidated cases, Victor Mariscal-Valle, a native and citizen of Mexico, petitions for review of the Board of Immi *482 gration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal (No. 06-72329), and denying his motion to reopen (No. 06-74619). We dismiss the petitions for review.
We lack jurisdiction to review the agency’s discretionary determination that Mariseal-Valle failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Moreover, Mariscal-Valle has not raised a color-able constitutional or legal claim to invoke our jurisdiction. Id.
The evidence Mariscal-Valle presented with his motion to reopen concerned the same basic hardship grounds as his application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592 , 602-O3 (9th Cir.2006). We therefore lack jurisdiction to review the BIA’s determination that the evidence would not alter the agency’s prior discretionary determination that Mariscal-Valle failed to establish the requisite hardship. Id.