Javier Hernandez-Salazar v. Eric Holder, Jr.

MEMORANDUM

In these consolidated petitions for review, Javier Hernandez-Salazar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal, and denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss the petition for review in 10-71107, and dismiss in part and deny in part the petition for review in 11-70533.

We lack jurisdiction to review the agency’s discretionary determination that Hernandez-Salazar failed to show exceptional and extremely unusual hardship to his qualifying relatives. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir. 2009). Hernandez-Salazar’s contention that factual errors infected the proceedings with unfairness is not supported by the record and does not present a color-able claim that invokes our jurisdiction. See id.

We lack jurisdiction to review Hernandez-Salazar’s motion to reopen to the…