Ramirez v. Holder , 346 F. App'x 243 ( 2009 )

MEMORANDUM ^**

Antelmo Ramirez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision that, as a matter of discretion, Ramirez did not merit cancellation of removal under 8 U.S.C. 1229(b)(a). We dismiss the petition for review.

Contrary to Ramirez’s contention, the IJ’s finding regarding “continuous residence” did not factor into the IJ’s denial of Ramirez’s application for cancellation of removal as a matter of discretion. We therefore lack jurisdiction to review this discretionary determination. See Romero-Torres v. Ashcroft, 827 F.3d 887, 890 (9th Cir.2003) (“We [have] interpreted [8 U.S.C. § 1252(a)(2)(B)(i) ] to encompass all discretionary decisions involved in the cancellation of removal context, including the ultimate discretionary decision to deny relief.”); see also Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). The REAL ID Act of 2005 did not alter our jurisdiction in this regard. See Martinez-Rosas, 424 F.3d at 929-30.

We do not reach petitioner’s contentions regarding his continuous residence as the discretionary denial is determinative.

PETITION FOR REVIEW DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.