Orozco-Rosales

MEMORANDUM **

Juan Ernesto Orozco-Rosales and his wife Guadalupe Orozco-Gonzales petition for review of the Board of Immigration Appeals’ decision affirming and adopting the Immigration Judge’s denial of their application for cancellation of removal. We dismiss in part and deny in part the petition for review.

Petitioners challenge the IJ’s decision denying them cancellation of removal, arguing that they met the “exceptional and extremely unusual hardship” test. We lack jurisdiction to consider this argument since the IJ’s hardship determination is a discretionary decision over which our jurisdiction has been eliminated. See de Lourdes v. Mukasey, 539 F.3d 1102, 1105-06 (9th Cir.2008); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). Accordingly, the petition for review is dismissed insofar as it challenges the IJ’s “exceptional and extremely unusual hardship” determination.

We have jurisdiction over petitioners’ constitutional argument that the denial of their applications for cancellation of removal violated the equal protection clause because similarly-situated aliens from countries covered under the Nicaraguan Adjustment and Central American Relief Act…