Vega-Robles

MEMORANDUM **

Nicanor Vega-Robles, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“Board”) summary affirmance without opinion of an immigration judge’s denial of *472 his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part, deny in part, and remand in part the petition for review.

We lack jurisdiction to review the agency’s discretionary hardship determination, as well as petitioner’s non-colorable claim that the agency failed to consider adequately all the hardship factors in his case. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

Although we retain jurisdiction to review colorable legal and constitutional challenges, see 8 U.S.C. § 1252 (a)(2)(D), petitioner’s equal protection and due process challenges to the Nicaraguan and Central American Relief Act (“NACARA”) are foreclosed, see Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (“Congress’s decision to afford more favorable treatment to certain aliens ‘stems from a rational diplomatic decision to encourage such aliens to remain in the United States’ ”); Hernandez-Mezquita v.…