Solano

MEMORANDUM **

Rigoberto Lopez Solano and Margarita Morales Aguilar, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeal from an immigration judge’s (“IJ”) removal order and denying their motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider, Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005), and de novo claims of constitutional violations in immigration proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review in No. 06-71633 and deny the petition for review in No. 06-72672.

We lack jurisdiction to review the agency’s discretionary determination that petitioners 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). Petitioners’ contention that our lack of jurisdiction to review the hardship determination violates the separation of powers is unpersuasive.

Contrary to petitioners’ contention, the BIA’s application of the hardship standard falls…