Olabanji

MEMORANDUM ***

Olateju Olabanji, a citizen and native of *592 Nigeria, petitions for relief from the BIA’s affirmance of the Immigration Judge’s denial of his request for a § 212(h) waiver, asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and we deny Olabanji’s petition for review.

The BIA held that Olabanji was ineligible for a § 212(h) waiver due to a false claim of U.S. citizenship. This decision was not determinative, however, because even if he were eligible, Olabanji failed to qualify on the merits. His crime was a dangerous one, and he failed to show that a qualifying U.S. relative would suffer exceptional and extremely unusual hardship if he is deported. Furthermore, we lack jurisdiction to review the discretionary decision by the Attorney General that Olabanji was ineligible for a § 212(h) waiver. See Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003) (“[A]n exceptional and extremely unusual hardship determination is a subjective discretionary judgment that has been carved out of our appellate jurisdiction.”) (internal quotation marks omitted). Therefore, the BIA’s decision to…