Ramirez
Ramirez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated petitions, Mario Ramirez seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his application for cancellation of removal (No. 04-74579), and the BIA’s order denying his January 2006 motion to reopen removal proceedings (No. 06-72017). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss the petition for review in No. 04-74579, and we dismiss in part and deny in part the petition for review in No. 06-72017.
We lack jurisdiction to review the agency’s discretionary determination that Ramirez 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). We lack jurisdiction to review Ramirez’s due process contention regarding the quality of the hearing transcript because he failed to raise the issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th *802 Cir.2004) (noting that due process challenges that are “procedural in nature” must be exhausted).
The evidence Ramirez presented with his 2006 motion to reopen concerned the same basic…