Godinez

MEMORANDUM ***

In these consolidated petitions, Jorge Luis Godinez and Margarita A. Godinez, natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) decision denying their applications for cancellation of removal, and the BIA’s order denying their motion to reopen proceedings due to ineffective assistance of counsel. 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 Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 857 (9th Cir.2004) (per curiam). We dismiss the petition for review in No. 06-71526, and grant the petition for review in No. 06-73774.

We lack jurisdiction to review the discretionary determination that an applicant has 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 do not consider the petitioners’ contentions regarding continuous physical presence because the hardship determination is dis-positive. See 8 U.S.C. § 1229b(b)(l) (to be eligible for cancellation of removal the applicant must…