Lopez-Godinez
Lopez-Godinez v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Tito Reynery Lopez-Godinez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order and denying his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and due process claims. Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1136 (9th Cir.2008). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the BIA’s discretionary determination that Lopez-Godinez 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). Contrary to Lopez-Godinez’s contention, the BIA did not make alternate findings of fact, but rather properly reviewed de novo the IJ’s hardship determination. See 8 C.F.R. § 1003.1 (d)(3)(ii).
We also lack jurisdiction to review the BIA’s denial of Lopez-Godinez’s motion to remand, which introduced further evidence of hardship to his United States citizen children. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006) (“Section 1252(a)(2)(B)(i) ...…