Jorge Reyes Puente v. Eric Holder, Jr.

MEMORANDUM

Jorge Luis Reyes-Puente (“Reyes”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We deny in part and dismiss in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that Reyes failed to demonstrate that his removal would result in “exceptional and extremely unusual hardship” to his qualifying relatives. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005); see also Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003) (“We lack jurisdiction to review the BIA’s discretionary determination that an alien failed to satisfy the ‘exceptional and extremely unusual hardship’ requirement for cancellation of removal.”).

We have jurisdiction under 8 U.S.C. § 1252 to review the BIA’s determination that Reyes failed to establish ten years of continuous physical presence in the United States. Substantial evidence supports the BIA’s determination. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004). While Reyes presented some evidence that he entered the United States prior to May…