Gutierrez-Mondragon

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing petitioner Jenaro Gutierrez-Mon-dragon’s appeal of the Immigration *521 Judge’s order denying his application for cancellation of removal.

A review of petitioner’s response to this court’s order to show cause and the administrative record demonstrates that petitioner has conceded that he lacks a qualifying relative for purposes of cancellation of removal as defined in 8 U.S.C. § 1229b(b)(l)(D). See Molinar-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002). Petitioner’s challenges to the constitutionality of the statute are foreclosed. See Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1108 (9th Cir.2003) (holding that placing aliens in removal, rather than deportation, proceedings does not by itself amount to a due process violation); Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1163-65 (9th Cir.2002) (no equal protection violation arising from placing aliens in removal rather than deportation proceedings); see also Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (“[L]ine-drawing decisions made by Congress or the President in the context of immigration and…