Moreno

MEMORANDUM *

Yolanda Hernandez Moreno and her daughter Edith are nationals of Mexico who have conceded removability and seek cancellation of removal due to hardship to a qualifying relative, Hernandez Moreno’s U.S. citizen child, Bryan Romero. This petition for review involves the Board of Immigration Appeals’ (BIA) denial of the petitioners’ motion to reopen their case based on ineffective assistance of counsel.

Under 8 U.S.C. § 1252 (a)(2)(B)®, we may not review the BIA’s discretionary determination that petitioners failed to demonstrate “exceptional and extremely unusual hardship” to a qualifying relative, which would have made them eligible for cancellation of removal. Section 1252(a)(2)(B)(i)’s jurisdictional bar does not, as petitioners argue, violate the separation of powers. See Kalaw v. I.N.S., 133 F.3d 1147 , 1152 (9th Cir.1997).

Nor does this jurisdictional bar violate Bryan Romero’s constitutional rights. Citizen family members — including citizen *649 children — cannot challenge the removal of an otherwise removable alien based on their own constitutional rights as citizens. See Urbano de Malaluan v. I.N.S., 577 F.2d 589 , 594 (9th Cir.1978). A contrary rule…