Velasquez Palencia v. Mukasey

MEMORANDUM **

In these consolidated petitions, Isaias Velasquez Palencia (“Velasquez Palencia”) and Maria Martina Velasquez (“Velasquez”), husband and wife and natives and citizens of Mexico, petition for review of *474 the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeal from an immigration judge’s (“IJ”) removal order, and denying them motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo legal claims. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We dismiss petition No. 06-70981 with respect to Velasquez Paten-cia, and grant and remand with respect to Velasquez. We deny petition No. 06-73487.

We lack jurisdiction to review the agency’s discretionary determination that Velasquez Patencia failed to show exceptional and extremely unusual hardship to a qualifying relative, see MaHinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005), and Velasquez Patencia does not raise a color-able due process claim, id. We need not reach Velasquez Palencia’s challenge to the IJ’s good moral character determination because the agency’s hardship determination is…