Prieto-Mariscal

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing petitioner’s appeal from the Immigration Judge’s (“IJ”) denial of cancellation of removal.

We have reviewed the response to the court’s November 19, 2007 order to show cause and the government’s motion to dismiss. To the extent petitioner challenges the Id’s finding that petitioner did not establish the requisite hardship to a qualifying relative, we conclude that petitioner has failed to raise a colorable constitutional or legal claim to invoke our jurisdiction over this petition for review. See Martinez-Rosas v. Gonzales, 424 F.3d 926 (9th Cir.2005); Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001). Accordingly, respondent’s motion to dismiss this petition for review for lack of jurisdiction is granted with respect to petitioner’s claims regarding hardship. See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1144 (9th Cir.2002).

A review of the administrative record demonstrates that there is substantial evidence to support the BIA’s decision that petitioner failed to…