Sanchez

MEMORANDUM **

Petitioner Sergio Sanchez, native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) upholding the immigration judge’s decision to deny his application for cancellation of removal and the BIA’s denial of his motion to reopen proceedings and the BIA’s order. To the extent we have jurisdiction it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, see Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003) and we review de novo claims of constitutional violations in immigration proceedings, see Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny in part and dismiss in part the petition for review in 04-73371 and we deny the petition for review in 04-74950.

We lack jurisdiction to review the BIA’s discretionary determination that Sanchez’s failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003).

Sanchez’s claim that his due process rights were violated because the Notice to Appear was improperly issued is foreclosed by Kohli v. Gonzales, 473 F.3d 1061, 1067 (9th Cir.2006) (holding that IJ’s…