Opinion
No. 05-75799. Agency No. A77-829-191.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
February 23, 2007.
On Petition for Review of an Order of the Board of Immigration Appeals.
Before: BEEZER, FERNANDEZ, and MCKEOWN, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Oscar Moreno-Castillo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' decision summarily affirming without separate opinion the immigration judge's denial of his application for cancellation of removal, based on his failure to establish exceptional and extremely unusual hardship to his United States citizen daughter.
Petitioner contends that the IJ's interpretation of the hardship standard violated his due process rights, and the IJ erred in concluding that he failed to establish the requisite hardship to his United States citizen daughter.
We lack jurisdiction to review the IJ's discretionary determination that petitioner failed to establish exceptional and extremely unusual hardship. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). Although we retain jurisdiction to consider petitioner's constitutional claim, Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1004 (9th Cir. 2003), we reject his due process challenge to the hardship standard because the IJ's interpretation fell "within the broad range authorized by the statutory language," id. at 1006.