Valenzuela Alvarez v. Holder

MEMORANDUM **

Jose de Jesus Valenzuela Alvarez, a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals dismissing his appeal from an immigration judge’s decision denying his request for administrative closure and denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of constitutional violations. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Valenzuela failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). The REAL ID Act of 2005 did not alter the court’s jurisdiction in this regard. Martinez-Rosas v. Gonzales, 424 F.3d 926, 929 (9th Cir.2005).

We also lack jurisdiction to review the agency’s denial of Valenzuela Alvarez’s request for administrative closure. See Diaz-Covarrubias v. Mukasey, 551 F.3d 1114, 1120 (9th Cir.2009).

To the extent Valenzuela Alvarez contends that the agency deprived him of due process by…