Cortez-Rivera

MEMORANDUM **

Petitioner Maria Cortez-Rivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA’s) affirmance without opinion of an Immigration Judge’s (IJ) denial of her application for cancellation of removal. Cortez-Rivera appeals on the grounds that (1) she was denied due process by the BIA’s failure to consider her late-filed brief; (2) she was denied due process by the IJ’s failure to consider the cumulative hardship to her qualifying relatives; (3) she was denied due process by the IJ’s denial of her ripe cancellation of removal claim on the assumption that her unripe 1-130 application would be expedited; and (4) she was denied equal protection because the IJ *745 was prejudiced by the fact that she had a child while in immigration proceedings.

Although we lack jurisdiction to consider discretionary determinations, we retain jurisdiction to consider Cortez-Rivera’s legal and non-discretionary claims. See Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002). This court also has jurisdiction to review constitutional claims “even when those claims address a discretionary decision.” See Ramirez-Perez v. Ashcroft, 336…