Echeverria-Marrufo

MEMORANDUM ***

Victor Manuel Echeverria-Marrufo and Nancy Guadalupe Aguilar Cano, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an immigration judge’s (“IJ”) decision denying them applications for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review continuous physical presence findings for substantial evidence. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s discretionary determination that Echeverria-Marrufo 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). Echeverria-Marrufo’s contention that the IJ applied the incorrect standard and failed to consider many of the hardship factors does not state a colorable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“[Traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional…