Jose Felix Martinez v. U.S. Attorney Gen., 446 F.3d 1219 (11th Cir. 2006). · Go Syfert
Jose Felix Martinez v. U.S. Attorney Gen., 446 F.3d 1219 (11th Cir. 2006). Cases Citing This Book View Copy Cite
G Cite
cited 18× by 17 distinct cases, 2007–2022→ Stable · …exceptional and extremely unusual hardship at p. 1221
cited 3× by 3 distinct cases, 2019–2020 · …we review subject matter jurisdiction de novo. at p. 1221
131 citation events (131 in the last 25 years) across 4 distinct courts.
Strongest positive: Saul Lopez Martinez v. U.S. Attorney General (ca11, 2024-06-25)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) Saul Lopez Martinez v. U.S. Attorney General
11th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
not- withstanding congress's enactment of 1252(a)(2)(d), we con- tinue to lack jurisdiction over the bia's purely discretionary deci- sion that a petitioner did not meet 1229b(b)(1)(d)'s 'exceptional and extremely unusual hardship' standard.
discussed Cited as authority (rule) Jorge Rodrigo Fajardo Zumba v. U.S. Attorney General
11th Cir. · 2025 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-22 (11th Cir. 2006); see Arias v. U.S. Att’y Gen., 482 F.3d 1281 , 1284 & n.2 (11th Cir. 2007) (explaining that such challenges must be “at least . . . col- orable,” meaning they must have “some possible validity” (quota- tion marks omitted)); Patel v. U.S. Att’y Gen., 971 F.3d 1258, 1273 (11th Cir. 2020) (en banc) (“In other words, a party may not dress up a claim with legal . . . clothing to invoke our jurisdiction.”).
discussed Cited as authority (rule) Derong Wang v. U.S. Attorney General
11th Cir. · 2023 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1222 (11th Cir. 2006) (explaining that we lack jurisdiction to review the BIA’s EEUH determinations); Flores- Alonso v. U.S. Att’y Gen., 36 F.4th 1095 , 1099–100 (11th Cir. 2022). 5 As a reminder, although the BIA summarized the IJ’s findings—including the IJ’s alternative finding that Xia may provide Wang with an alternative pathway to status—the BIA conducted a de novo review and concluded that Wang failed to demonstrate EEUH without relying on any alternative-means finding.
cited Cited as authority (rule) Santiago Ramirez-Villagomez v. U.S. Attorney General
11th Cir. · 2022 · confidence medium
Mar- tinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
cited Cited as authority (rule) Merlin Aracely Mejia-Garcia v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
discussed Cited as authority (rule) Patricia Jannet Cuauhtenango-Alvarado v. U.S. Attorney General (2×) also: Cited "see"
11th Cir. · 2021 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
cited Cited as authority (rule) Widner Anthony Leonard v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
cited Cited as authority (rule) Ramiro Martinez-Santos v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
INA § 242(a)(2)(B), 8 U.S.C. § 1252 (a)(2)(B); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1222 (11th Cir. 2006).
cited Cited as authority (rule) Osmar Ivan Lopez Alvarado v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
discussed Cited as authority (rule) Avtar Singh v. Jeffrey Rosen
6th Cir. · 2021 · confidence medium
Many other courts likewise have noted “that such hardship determinations are discretionary judgments and therefore . . . may not be reviewed.” De La Vega v. Gonzales, 436 F.3d 141, 144 (2d Cir. 2006); see Hernandez-Morales v. Att’y Gen., 977 F.3d 247 , 249 (3d Cir. 2020); Rueda v. Ashcroft, 380 F.3d 831, 831 (5th Cir. 2004) (per curiam); Meraz-Reyes v. Gonzales, 436 F.3d 842, 843 (8th Cir. 2006) (per curiam); Mendez-Castro v. Mukasey, 552 F.3d 975 , 978–79 (9th Cir. 2009); Galeano-Romero, 968 F.3d at 1183–84; Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1222 (11th Cir. 2006).
cited Cited as authority (rule) Andres Adame-Quintana v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Gen., 446 F.3d 1219, 1221-22 (11th Cir. 2006). 5
cited Cited as authority (rule) Efrain Gomez Velasquez v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
discussed Cited as authority (rule) Nelson Zaldivar Anzardo v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Sua Sponte Reopening Zaldivar contends we may review the BIA’s decision not to exercise its sua sponte authority and, thus, we may reach the question of whether Lopez v. Gonzalez, 549 U.S. 47 (2006)—under which he asserts his 2003 convictions for possession of MDMA, possession of cocaine, and possession of cannabis in violation of Florida Statutes §§ 893.03(1), 893.03(2), and 893.13(6) would no longer qualify as aggravated felonies—constitutes an “exceptional circumstance” justifying the BIA’s exercise of its sua sponte authority to reopen. 1 “We review subject matter jurisdict…
cited Cited as authority (rule) Fredy Andablo Gutierrez v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th.
cited Cited as authority (rule) Mauricio Mendoza Hernandez v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
cited Cited as authority (rule) Nakia Courtney Hamilton v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006). 2 Case: 19-14082 Date Filed: 03/25/2020 Page: 3 of 5 cites Pereira v. Sessions, 138 S. Ct. 2105 (2018), in support of his argument.
discussed Cited as authority (rule) Alfredo Perez Aguilar v. U.S. Attorney General (2×) also: Cited "see"
11th Cir. · 2020 · confidence medium
INA § 240A(b)(1)(D), 8 U.S.C. § 1229b(b)(1)(D); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
discussed Cited as authority (rule) Reina Isabel Diaz-Valenzuela v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
I “We review subject matter jurisdiction de novo.” Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006) (quoting Gonzalez-Oropeza v. U.S. Att’y Gen., 321 F.3d 1331, 1332 (11th Cir. 2003)).
cited Cited as authority (rule) Jose Isidro Rivas Palencia v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
discussed Cited as authority (rule) Hernan Adriano Meza v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
This Court determined that the alien’s NTA was defective under INA § 239(a)(1), 8 U.S.C. 4 “We review subject matter jurisdiction de novo.” Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006) (quotation marks omitted). 9 Case: 18-15161 Date Filed: 10/18/2019 Page: 10 of 17 § 1229(a)(1), because it did not include the hearing’s date and time.
cited Cited as authority (rule) Alvaro Mazariegos-Rodriguez v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
examined Cited as authority (rule) Tomas Morales Hernandez v. U.S. Attorney General (3×)
11th Cir. · 2019 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
cited Cited as authority (rule) Veronica Alonso-Diaz v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
General, 446 F.3d 1219, 1221-23 (11th Cir. 2006). 7
cited Cited as authority (rule) Ebony Nasrine Danielle Phillips v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
Martinez v. U.S. Att’y Gen, 446 F.3d 1219, 1221 (11th Cir. 2006).
cited Cited as authority (rule) James Mungai Muiruri v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
“We review subject matter jurisdiction de novo.” Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006) (quotation marks omitted).
discussed Cited as authority (rule) Gheorghe Voicu v. U.S. Attorney General (2×)
11th Cir. · 2018 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006). 2 Case: 17-14556 Date Filed: 07/10/2018 Page: 3 of 6 separated from her father, she would develop Separation Anxiety Disorder and would be deprived of the special education classes available to her in the United States.
cited Cited as authority (rule) Liu Yanni v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir. 2006).
cited Cited as authority (rule) Javier Alejo-Ramirez v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-23 (11th Cir. 2006).
cited Cited as authority (rule) Hua Wu Wu v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Gen., 446 F.3d 1219, 1222 (11th Cir. 2006); Gonzalez-Oropeza v. U.S. Att’y Gen., 321 F.3d 1331, 1332-33 (11th Cir. 2003).
discussed Cited as authority (rule) Safet Mustafic v. U.S. Attorney General
11th Cir. · 2014 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-22 (11th Cir.2006) (construing § 1252(a)(2)(B)®, which precludes review of “any judgment regarding the granting of relief under” the cancellation of removal statute) (internal quotation marks omitted); Gonzalez-Oropeza v. U.S. Att’y Gen., 321 F.3d 1331, 1332-33 (11th Cir.2003) (per curiam).
cited Cited as authority (rule) Marina Oliveira v. U.S. Attorney Genearl
11th Cir. · 2014 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir.2006).
discussed Cited as authority (rule) Yu Zheng v. Eric Holder, Jr.
4th Cir. · 2014 · confidence medium
Here, the immigration judge found, and the Board agreed, that Zheng failed to meet his burden of establishing that his United States citizen wife and two children would suffer an exceptional and extremely unusual hardship if he is removed to China. “[A]n ‘exceptional and extremely unusual hardship’ determination is a subjective, discretionary judgment that has been carved out of our appellate jurisdiction.” Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003); see, e.g., Barco-Sandoval v. Gonzales, 516 F.3d 35, 36 (2d Cir.2008); Memije v. Gonzales, 481 F.3d 1163, 1164 (9th Cir.2…
discussed Cited as authority (rule) Domingo Alencastro v. Eric Holder, Jr.
4th Cir. · 2014 · confidence medium
Gen., 446 F.3d 1219, 1221-22 (11th Cir.2006); Meraz-Reyes v. Gonzales, 436 F.3d 842, 843 (8th Cir.2006) (per curiam); see also Obioha v. Gonzales, 431 F.3d 400, 405 (4th Cir.2005) (“It is quite clear that the gatekeeper provision [of § 1252(a)(2)(B)® ] bars our jurisdiction to review a decision of the [Board] to actually *322 deny a petition for cancellation of removal.”)- Indeed, this court has concluded that the issue of hardship is committed to agency discretion and thus is not subject to appellate review.
discussed Cited as authority (rule) Renata Tuslova v. U.S. Attorney General
11th Cir. · 2014 · confidence medium
See INA § 242(a)(2)(B)®, 8 U.S.C. § 1252 (a)(2)(B)(i); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-23 (11th Cir.2006) (concluding that § 1252(a)(2)(B)® precludes appellate review of the purely discretionary determination that an alien has failed to satisfy the “exceptional and extremely unusual hardship” standard for cancellation of removal).
cited Cited as authority (rule) Rene Jaritz v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir.2006).
discussed Cited as authority (rule) Dario Delgado v. Eric Holder, Jr.
4th Cir. · 2013 · confidence medium
Here, the immigration judge found, and the Board explicitly agreed, that Delgado failed to meet his burden of establishing that his United States citizen children would suffer an exceptional and extremely unusual hardship if he is removed to Mexico. “[A]n ‘exceptional and extremely unusual hardship’ determination is a subjective, discretionary judgment that has been carved out of our appellate jurisdiction.” Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003); see also, e.g., Barco-Sandoval v. Gonzales, 516 F.3d 35, 36 (2d Cir.2008); Memije v. Gonzales, 481 F.3d 1163, 1164 (9th…
discussed Cited as authority (rule) Guzman-Munoz v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
See Bedoya-Melendez v. U.S. Att’y Gen., 680 F.3d 1321, 1324 (11th Cir.2012); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1222-23 (11th Cir.2006) (“[W]e continue to lack jurisdiction over the BIA’s purely discretionary decision that a petitioner did not meet § 1229b(b)(l)(D)’s ... standard.” (internal quotation marks omitted)); see also Kucana v. Holder, 558 U.S. 233, 247 , 130 S.Ct. 827, 836-37 , 175 L.Ed.2d 694 (2010) (“Read harmoniously, both clauses [of 8 U.S.C. § 1252 (a)(2)(B)] convey that Congress barred court review of discretionary decisions only when Congress itself se…
discussed Cited as authority (rule) Rosendo Benito Rangel-Perez v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
INA § 242(a)(2)(B)©, (a)(2)(D), 8 U.S.C. § 1252 (a)(2)(B)©, (a)(2)(D); see also Alhuay v. U.S. Att’y Gen., 661 F.3d 534, 549-50 (11th Cir.2011); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-22 (11th Cir.2006).
cited Cited as authority (rule) Aiden Ifeanyi Anuforo v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir.2006).
discussed Cited as authority (rule) Hugo Santos v. Eric Holder, Jr.
4th Cir. · 2012 · confidence medium
See, e.g., Barco-Sandoval v. Gonzales, 516 F.3d 35, 36 (2d Cir.2008); Memije v. Gonzales, 481 F.3d 1163, 1164 (9th Cir.2007); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-22 (11th Cir.2006); Meraz-Reyes v. Gonzales, 436 F.3d 842, 843 (8th Cir.2006); see also Obioha v. Gonzales, 431 F.3d 400, 405 (4th Cir.2005) (“It is quite clear that the gatekeeper provision [of § 1252(a)(2)(B)(i) ] bars our jurisdiction to review a decision of the [Board] to actually deny a petition for cancellation of removal.”).
cited Cited as authority (rule) Bedoya-Melendez v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
See 8 U.S.C. § 1252 (a)(2)(B); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1222 (11th Cir.2006).
discussed Cited as authority (rule) Nicolas Morales v. Eric Holder, Jr.
4th Cir. · 2012 · confidence medium
See, e.g., Barco-Sandoval v. Gonzales, 516 F.3d 35, 36 (2d Cir.2008); Memije v. Gonzales, 481 F.3d 1163, 1164 (9th Cir.2007); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-22 (11th Cir.2006); Meraz-Reyes v. Gonzales, 436 F.3d 842, 843 (8th Cir.2006); see also Obioha v. Gonzales, 431 F.3d 400, 405 (4th Cir.2005) (“It is quite clear that the gatekeeper provision [of § 1252(a)(2)(B)© ] bars our jurisdiction to review a decision of the [Board] to actually deny a petition for cancellation of removal.”).
cited Cited as authority (rule) Gitaben R. Patel v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1222 (11th Cir.2006).
discussed Cited as authority (rule) Alhuay v. U.S. Attorney General
11th Cir. · 2011 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-23 (11th Cir.2006); see 8 U.S.C. § 1252 (a)(2)(B)(i) (expressly stripping the court’s jurisdiction to review “any judgment regarding the granting of relief under section ... 1229b” (emphasis added)).
cited Cited as authority (rule) Velasquez v. U.S. Attorney General
11th Cir. · 2011 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir.2006).
cited Cited as authority (rule) Hong Tuan Lin v. U.S. Attorney General
11th Cir. · 2011 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1222-23 (11th Cir.2006).
discussed Cited as authority (rule) Lucia I. Medina Martinez v. US Attorney General
11th Cir. · 2011 · confidence medium
While discretionary decisions related to the denial of cancellation of removal are not reviewable by this Court, 8 U.S.C. § 1252 (a)(2)(B)®, we can consider, de novo, Martinez’s claim to the extent that it presents a question of law related to statutory eligibility for cancellation of removal, 8 U.S.C. § 1252 (a)(2)(D); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-23 (11th Cir.2006).
discussed Cited as authority (rule) Andres Juan-Esteban vs US Attorney General (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221 (11th Cir.2006).
discussed Cited as authority (rule) Gonzalez Flores v. Holder
4th Cir. · 2010 · confidence medium
See, e.g., Barco-Sandoval v. Gonzales, 516 F.3d 35, 36 (2d Cir.2008); Memije v. Gonzales, 481 F.3d 1163, 1164 (9th Cir.2007); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-22 (11th Cir.2006); Meraz-Reyes v. Gonzales, 436 F.3d 842, 843 (8th Cir.2006); see also Obioha v. Gonzales, 431 F.3d 400, 405 (4th Cir.2005) (“It is quite clear that the gatekeeper provision [of § 1252(a)(2)(B)(i) ] bars our jurisdiction to review a decision of the BIA to actually deny a petition for cancellation of removal.”).
discussed Cited as authority (rule) Adediran v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Nevertheless, we retain jurisdiction to consider constitutional claims or legal questions related to cancellation of removal. 8 U.S.C. § 1252 (a)(2)(D); Martinez v. U.S. Att’y Gen., 446 F.3d 1219, 1221-22 (11th Cir.2006).
Retrieving the full opinion text from the archive…
Jose Felix Martinez
v.
U.S. Attorney General
04-16740.
Court of Appeals for the Eleventh Circuit.
Apr 21, 2006.
446 F.3d 1219
BLACK, Circuit Judge:

Petitioner Jose Felix Martinez petitions for review of the Board of Immigration Appeals’ (BIA’s) affirmance of the Immigration Judge’s (IJ’s) order denying his application for cancellation of removal, pursuant to 8 U.S.C. § 1229b(b). Specifically, he challenges the BIA’s discretionary determination that he failed to satisfy § 1229b(b)(l)(D)’s “exceptional and extremely unusual hardship” requirement. We dismiss the petition for lack of jurisdiction.

I. BACKGROUND

The following facts are not in dispute. Petitioner is a native and citizen of Mexico who entered the United States without inspection in 1989. His two children— Jose Felix, who was born in January 1992, and Carlos Martinez, who was born in January 1996' — are U.S. citizens. Both children live with Petitioner.

On August 22, 2001, the former Immigration and Naturalization Service (INS) [1] issued Petitioner a Notice to Appear, alleging he is an alien present in the United States without being admitted or paroled, in violation of 8 U.S.C. § 1182(a)(6)(A)®. At his hearing, Petitioner conceded remov-[*1221] ability under § 1182(a)(6)(A)(i), but requested cancellation of removal pursuant to § 1229b(b). The IJ denied his application for cancellation of removal on October 29, 2003, holding Petitioner failed to demonstrate his removal would result in “exceptional and extremely unusual hardship” to his two U.S. citizen children, pursuant to § 1229b(b)(l)(D). [2]

Petitioner timely appealed the IJ’s decision to the BIA. In a written opinion, the BIA dismissed the appeal on December 8, 2004, expressly agreeing with the IJ that Petitioner did not demonstrate his two U.S. citizen children would suffer “exceptional and extremely unusual hardship” upon his removal to Mexico. This petition for review ensued.

II. STANDARD OF REVIEW

‘We review subject matter jurisdiction de novo.” Gonzalez-Oropeza v. U.S. Att’y Gen., 321 F.3d 1331, 1332 (11th Cir.2003).

III. ANALYSIS

The issue of first impression we address is whether 8 U.S.C. § 1252(a)(2)(D) restores our ability to review the BIA’s purely discretionary determination that a petitioner failed to satisfy § 1229b(b)(l)(D)’s “exceptional and extremely unusual hardship” requirement.

Section 1229b(b)(l) gives the Attorney General discretion to cancel the removal of an alien who demonstrates (1) continuous physical presence in the United States of at least 10 years preceding the date of application; (2) good moral character during that period; (3) a lack of certain criminal convictions; and (4) exceptional and extremely unusual hardship to his or her spouse, parent, or child, who is a U.S. citizen or permanent resident. Petitioner contends the BIA erred when it affirmed the IJ’s decision, pursuant to § 1229b(b)(l)(D), that his two U.S. citizen children would not suffer “exceptional and extremely unusual hardship” upon his removal to Mexico.

Section 1252(a)(2)(B)(i) prevents us from exercising jurisdiction over the BIA’s “judgment[s] regarding the granting of relief under section ... 1229b.” In Gonzalez-Oropeza, we underscored § 1252(a)(2)(B)(i)’s impact on our jurisdiction, stating the BIA’s § 1229b(b)(l)(D) “exceptional and extremely unusual hardship determination is a discretionary decision not subject to review.” 321 F.3d at 1333. Our precedent thus squarely precludes us from reviewing the BIA’s conclusion that a petitioner has not met § 1229b(b)(l)(D)’s “exceptional and extremely unusual hardship” standard.

We cannot end our analysis here, however, because the REAL ID Act of 2005, which President Bush signed into law on May 11, 2005, restored our ability to review certain aspects of the BIA’s final removal orders. See REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231. Specifically, § 106(a)(l)(A)(ii) of the REAL ID Act amended § 1252 by adding a new provision, § 1252(a)(2)(D), which provides in relevant part:

Nothing in subparagraph (B) or (C), or in any other provision of this chapter (other than this section) which limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an[*1222] appropriate court of appeals in accordance with this section.

Section 1252(a)(2)(D) applies to all appeals from removal orders “issued before, on, or after the date of the [REAL ID Act’s May-11, 2005,] enactment.” See Pub. L. No. 109-13, § 106(b), 119 Stat. 231, 311. Accordingly, we must determine what impact, if any, § 1252(a)(2)(D) has on our inability to review the BIA’s discretionary determinations under § 1229b(b)(l)(D).

Although this petition presents an issue of first impression in our circuit, we have analogous case law. In Chacon-Botero v. U.S. Attorney General, we considered whether § 1252(a)(2)(D) empowers us to review the BIA’s discretionary decision about the timeliness of an asylum application under 8 U.S.C. § 1158(a)(2). 427 F.3d 954, 956-57 (11th Cir.2005). We had previously held that § 1158(a)(3) prevents us from reviewing the BIA’s discretionary decisions about the timeliness of an asylum application. See Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir.2003); see also § 1158(a)(3) (“No court shall have jurisdiction to review any determination of the Attorney General [regarding the timeliness of an asylum application].”). Given Congress’s enactment of § 1252(a)(2)(D), however, we reconsidered the scope of § 1158(a)(3)’s jurisdictional bar. After acknowledging § 1252(a)(2)(D) enables judicial review of a petitioner’s constitutional claims and questions of law, we concluded the BIA’s “ ‘discretionary or factual determinations continue to fall outside [our] jurisdiction.’ ” See Chacon-Botero, 427 F.3d at 957 (quoting Vasile v. Gonzales, 417 F.3d 766, 768 (7th Cir.2005)). Because the petitioner challenged the BIA’s discretionary decision under § 1158(a)(2) — but did not raise constitutional claims or questions of law — we relied on § 1158(a)(3) and Mendoza to dismiss his petition for lack of jurisdiction.

Similarly, Petitioner asks us to review the BIA’s discretionary determination that he failed to establish § 1229b(b)(l)(D)’s “exceptional and extremely unusual hardship” requirement; he does not, however, raise constitutional claims or questions of law. [3] Applying § 1252(a)(2)(B)(i), Gonzalez-Oropeza, and Chacon-Botero, we hold his petition for review continues to fall outside our jurisdiction. In reaching this holding, we join at least four other circuits, which have concluded § 1252(a)(2)(D) does not restore the federal courts’ .ability to review the BIA’s § 1229b(b)(l)(D) “exceptional and extremely unusual hardship” determinations. See Meraz-Reyes v. Gonzales, 436 F.3d 842, 843 (8th Cir.2006); De La Vega v. Gonzales, 436 F.3d 141, 146 (2d Cir.2006); Míreles v. Gonzales, 433 F.3d 965, 968-69 (7th Cir.2006); Martinez-Rosas v. Gonzales, 424 F.3d 926, 929-30 (9th Cir.2005). [4] We accordingly dismiss the petition for lack of jurisdiction.

IV. CONCLUSION

Notwithstanding Congress’s enactment of § 1252(a)(2)(D), we continue to lack jurisdiction over the BIA’s purely discretion[*1223] ary decision that a petitioner did not meet § 1229b(b)(l)(D)’s “exceptional and extremely unusual hardship” standard.

PETITION DISMISSED.

1

. On November 25, 2002, President Bush signed into law the Homeland Security Act of 2002(HSA), Pub.L. No. 107-296, 116 Stat. 2135, which established the Department of Homeland Security (DHS), abolished the INS, and transferred the INS's functions to the DHS.

2

. The IJ also determined Petitioner failed to satisfy § 1229b(b)(l)(B)'s “good moral character” requirement. On appeal, the BIA expressly declined to address this alternative holding. Therefore, the IJ's "good moral character” decision is not an issue in this petition for review.

3

. Before the BIA, Petitioner argued the IJ violated his procedural due process rights by failing to act as an impartial and neutral fact-finder. The BIA rejected his procedural due process argument, however, and Petitioner does not challenge this holding in his petition for review.

4

. The First Circuit has also dismissed for lack of jurisdiction a petitioner's post-REAL-ID-Act challenge to the BIA’s § 1229b(b)(l)(D) "exceptional and extremely unusual hardship” determination. See Bencosme de Rodriguez v. Gonzales, 433 F.3d 163, 164 (1st Cir.2005). In doing so, however, the First Circuit did not expressly address the relationship between § 1252(a)(2)(D), § 1252(a)(2)(B)(i), and the BIA’s discretionary decisions under § 1229b(b)(l)(D).