Mariscal-Caro
Mariscal-Caro v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated petitions, Humberto Mariscal-Caro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders *376 dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal (No. 05-75321), denying his motion to reopen and reconsider (No. 05-76721), and reissuing its July 5, 2005 decision in amended form (No. 06-71133). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review legal and constitutional issues de novo. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We dismiss the petition for review in No. 05-75321, deny the petition for review in No. 05-76721, and dismiss in part and deny in part the petition for review in No. 06-71133.
In his opening brief, Mariscal-Caro fails to address, and therefore has waived any challenge to, the BIA’s denial of his motion to reopen and reconsider. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).
We lack jurisdiction to review the agency’s discretionary determination that Mariscal-Caro failed to show exceptional and extremely unusual hardship to a qualifying relative. See…