Macias

MEMORANDUM **

Jose de Jesus Macias and his wife Maria Salud Huerta, natives and citizens of Mexico, petition pro se for review of the November 1, 2004 Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s order denying their application for cancellation of removal and motion to remand (04-75990), and the BIA’s subsequent order denying their motion to reopen removal proceedings (05-72550). To the extent we have jurisdiction it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand or to reopen. See Guzman v. INS, 318 F.3d 911 , 912 n. 1 (9th Cir.2003). We dismiss in part, and deny in part the petition for review in No. 04-75990, and deny the petition for review in No. 05-72550.

We do not consider the petitioners’ contentions regarding continuous physical presence, because the agency’s unreviewable determination that the petitioners failed to establish the requisite hardship is dispositive. See 8 U.S.C. § 1229b(b)(l) (to be eligible for cancellation of removal the applicant must establish continuous physical presence, good moral character and hardship).

The BIA did not abuse its discretion in denying the…