Guerrero
Guerrero v. Holder
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated petitions, Eduardo Dzul Guerrero, his wife Rosario Del Car *490 men CM Dzul, and their son, natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeal from an immigration judge’s demal of their applications for cancellation of removal and denying them motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001), and we review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review in No. 05-73672, and we deny the petition for review in No. 05-77338.
We lack jurisdiction to review the BIA’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, 929-30 (9th Cir.2005); see also 8 G.F.R. § 1003.1(d)(3)(h) (BIA may review de novo questions of discretion). We do not consider petitioners’ contention regarding physical…