Campos

MEMORANDUM **

Ricardo Crisanto Campos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252 . We review constitutional challenges de novo. Mas-nauskas v. Gonzales, 432 F.3d 1067, 1069 (9th Cir.2005). We dismiss in part, deny in part, and grant in part the petition for review, and remand for further proceedings regarding voluntary departure.

Campos did not contest the IJ’s moral character and continuous physical presence findings before the BIA or before this court. He thereby failed to exhaust, and waived, any challenge to these findings. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004) (regarding exhaustion); Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (regarding waiver).

Contrary to Campos’s contention, the IJ did not make a hardship finding. In any event, this court lacks jurisdiction to review such a determination. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 853 (9th Cir.2003).

*597 We reject Campos’s contention that…