Gutierrez

MEMORANDUM ***

Maria Ruth Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from the Immigration Judge’s (“U”) order denying her application for cancellation of removal, and its order denying her motion to reopen based on ineffective assistance of counsel. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen, and review de novo claims of due process violations in removal proceedings, including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). In No. 04-73679, we dismiss in part and grant in part the petition for review, and in No. 05-70834, we deny the petition for review.

We lack jurisdiction to review the IJ’s discretionary determination that Gutierrez failed to show exceptional and extremely unusual hardship to a qualifying relative. *931 See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).

The IJ granted voluntary departure for a 60-day period and the BIA streamlined and changed the voluntary departure period to 30 days. However, in…