Gutierrez

MEMORANDUM **

Eduardo Perez Gutierrez and Rebeca Lopez Lopez, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their applications for cancellation of removal. To the extent we have jurisdiction it is under 8 U.S.C. § 1252 . We deny in part, dismiss in part, and grant in part the petition for review, and remand for further proceedings consistent with this memorandum disposition.

Petitioners’ equal protection challenge to the constitutionality of the Nicaraguan Adjustment and Central American Relief Act is foreclosed by Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002).

As to petitioner Rebeca Lopez Lopez only, we lack jurisdiction to review the agency’s determination that she did not establish the requisite hardship. See 8 U.S.C. § 1252 (a)(2)(B)©.

As to petitioner Eduardo Perez Gutierrez only, an intervening change in the law requires us to remand the case. It is not possible to determine from the record if his departure in 1998 was a border turnaround or an uninformed voluntary departure, as opposed to a knowing…