Rodriguez Salgado v. Keisler

MEMORANDUM ***

Andres Rodriguez Salgado and Judith Juana Rodriguez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ adoption and affirmance of an immigration judge’s decision denying their applications for cancellation of removal. The immigration judge concluded that Rodriguez Salgado had failed to establish that his qualifying relatives would face exceptional and extremely hardship upon his removal and that Rodriguez had failed to establish ten years of continuous physical presence in the United States. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

The petitioners contend that the immigration judge erred in finding that Rodriguez Salgado failed to meet the hardship requirement of 8 U.S.C. § 1229b(b)(l)(D). We lack jurisdiction to review this discretionary determination. See 8 U.S.C. § 1252 (a)(2)(B)(i); Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). Accordingly, we dismiss the petition for review in part.

We retain jurisdiction to consider color-able constitutional claims. Martinez-Rosas, 424 F.3d at 930 . The petitioners contend that the hardship…