Belmontes

MEMORANDUM **

Maria Elena Cardenas Belmontes and Ignacio Millares Anguiano, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying their application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings. See Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We dismiss in part, deny in part, and grant in part the petition for review.

We lack jurisdiction to review the petitioners’ claim of ineffective assistance of counsel because they failed to raise it before the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000) (“an alien who argues ineffective assistance of counsel [is required to] exhaust his administrative remedies by first presenting the issue to the BIA.”).

To the extent the petitioners challenge the agency’s discretionary hardship determination, we lack jurisdiction. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929 (9th Cir.2005).

The petitioners’ contention that the BIA violated their due process…