Martinez-Martinez
Martinez-Martinez v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Rosalio Martinez-Martinez, a native and citizen of Mexico (Petitioner), petitions pro se for review of the Board of Immigration Appeals’ (BIA) denial of his motion to remand/reopen proceedings and dismissal of his appeal of an Immigration Judge’s (IJ) decision denying his application for cancellation of removal based on failure to establish exceptional and extremely unusual hardship to his wife and three children, all of whom are United States citizens. We lack jurisdiction over both claims pursuant to 8 U.S.C. § 1252 (a)(2)(B)®, and we dismiss the petition.
First, we lack jurisdiction over Petitioner’s challenge to the BIA’s discretionary denial of his application for cancellation of removal. Aside from adding an *829 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. 109-13, div. B, § 106, 119 Stat. 231 , 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…