Ortiz
Ortiz v. Gonzales
Opinion
Lead Opinion
*570 MEMORANDUM **
Juan Manuel Pardo Ortiz and Maria Felix Benete Vergara seek review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“IJ”) order denying their application for cancellation of removal (No. 05-76052), and the BIA’s subsequent denial of their motion to reopen removal proceedings (No. 06-71047). We dismiss in part and deny in part the petition for review in No. 05-76052, and dismiss the petition for review in No. 06-71047.
We lack jurisdiction to review the IJ’s discretionary determination that the petitioners failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).
The petitioners’ equal protection challenge to the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) is foreclosed by our decision in 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’ ”). The petitioners’ due process challenge to NACARA also fails. See Hernandez-Mezquita…