Vasquez-Pena

Josué Vasquez-Pena, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying motion to reopen and dismissing his appeal from an immigration judge’s (“IJ”) decision ordering him removed. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motion to reopen, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), and we review de novo claims of constitutional violations in immigration proceedings, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that Vasquez-Pena failed to show exceptional and extremely unusual hardship. See Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir.2003).

The evidence Vasquez-Pena presented with his motion concerned the same basic hardship grounds as were previously considered by the agency. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir.2006). We therefore lack jurisdiction to review the BIA’s discretionary determination that reopening/remand is not warranted based on the evidence he submitted. See id. at 600…