Martinez Silva v. Holder

MEMORANDUM *

Ulises Francisco Martinez Silva and his wife, Saturnina Martinez, natives and citizens of Mexico (Petitioners), petition for review of the Board of Immigration Appeals’ (BIA) dismissal of their appeal of an Immigration Judge’s (IJ) decision denying their request for cancellation of removal for failure to establish exceptional and extremely unusual hardship to their two United States citizen children and Ulises’ United States citizen father and lawful permanent resident mother. We lack jurisdiction pursuant to 8 U.S.C. § 1252 (a) (2) (B) (i), and we dismiss the petition.

Aside from adding an exception for “constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals,” the amendment of 8 U.S.C. § 1252 (a)(2) by the REAL ID Act of 2005, Pub.L. No. 109-18, div. B, § 106, 119 Stat. 281 , 310-11, left intact the bar to judicial review of a discretionary determination by the BIA that an alien has failed to satisfy the “exceptional and extremely unusual hardship” requirement for purposes of cancellation of removal. Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009). For us to “retain jurisdiction to review [a…