Jose Cruz Romero-Torres v. John Ashcroft, Attorney Gen., 327 F.3d 887 (9th Cir. 2003). · Go Syfert
Jose Cruz Romero-Torres v. John Ashcroft, Attorney Gen., 327 F.3d 887 (9th Cir. 2003). Cases Citing This Book View Copy Cite
1,047 citation events (1,047 in the last 25 years) across 11 distinct courts.
Strongest positive: Rengel-Pena v. Bondi (ca9, 2025-02-11)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Rengel-Pena v. Bondi
9th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
he ultimate decision whether to grant , regardless of eligibility, rests with the attorney general.
discussed Cited as authority (verbatim quote) Barcenas-Morales v. Garland
9th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Sastre Alvarado v. Garland
9th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
he ultimate decision whether to grant , regardless of 3 23-1345 eligibility, rests with the attorney general.
discussed Cited as authority (verbatim quote) Guerrero-Espinosa v. Garland
9th Cir. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he ultimate decision whether to grant relief, regardless of eligibility, rests with the attorney general.
discussed Cited as authority (verbatim quote) Jaime Roques-Juarez v. William Barr
9th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
n 'exceptional and extremely unusual hardship' determination is a subjective, discretionary judgment that has been carved out of our appellate jurisdiction.
discussed Cited as authority (verbatim quote) Mauricio Pinon-Cereceres v. William Barr
9th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
n 'exceptional and extremely unusual hardship' determination is a subjective, discretionary judgment that has been carved out of our appellate jurisdiction.
discussed Cited as authority (verbatim quote) Bistermu Mora Salgado v. Jefferson Sessions
9th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Rodriguez Victor v. Holder
9th Cir. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
cjancellation of removal ... is based on statutory predicates that must first be met
discussed Cited as authority (verbatim quote) Vailolo v. Gonzales
9th Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
we interpreted to encompass all discretionary decisions involved in the cancellation of removal context, including the ultimate discretionary decision to deny relief.
discussed Cited as authority (quoted) Lopez v. Gonzales (2×) also: Cited "see"
9th Cir. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.
discussed Cited as authority (rule) Rene Lemus-Escobar v. Pamela Bondi
9th Cir. · 2025 · confidence medium
Some circuit courts, including ours, had held that the hardship determination was unreviewable because it was a “subjective, discretionary judgment.” Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003); see Wilkinson, 601 U.S. at 217 n.2 (collecting cases).
discussed Cited as authority (rule) Rene Lemus-Escobar v. Pamela Bondi
9th Cir. · 2025 · confidence medium
Some circuit courts, including ours, had held that the hardship determination was unreviewable because it was a “subjective, discretionary judgment.” Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003); see Wilkinson, 601 U.S. at 217 n.2 (collecting cases).
cited Cited as authority (rule) Corado v. Garland
9th Cir. · 2024 · confidence medium
We lack jurisdiction to review that discretionary decision. 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003). 2 23-24 2.
discussed Cited as authority (rule) Cruz-Alvarez v. Garland
9th Cir. · 2023 · confidence medium
“Cancellation of removal… is based on statutory predicates that must first be met; however, the ultimate decision whether to grant relief, regardless of eligibility, rests with the Attorney General.” Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir. 2003); See 8 U.S.C. § 1229 (b)(1).
discussed Cited as authority (rule) Robelo Barboza-Cruz v. Merrick Garland
9th Cir. · 2023 · confidence medium
We lack jurisdiction to review the Board’s discretionary denial of cancellation of removal, 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir. 2003), so we dismiss the petition in relevant part.
cited Cited as authority (rule) Garcia-Lopez v. Garland
9th Cir. · 2023 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003).
cited Cited as authority (rule) Granados v. Garland
9th Cir. · 2023 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003) (quoting 8 U.S.C. § 1229b(b)(1)(D)).
cited Cited as authority (rule) Santos Villatoro-Molina v. Merrick Garland
9th Cir. · 2023 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir. 2003).
cited Cited as authority (rule) Nixon Santos Deleon v. Merrick Garland
9th Cir. · 2023 · confidence medium
Romero- Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003); Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012).
cited Cited as authority (rule) Javier Martinez v. Lowell Clark
9th Cir. · 2022 · confidence medium
The touchstone of a “discretionary” determination is that it’s “subjective.” Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir. 2003).
discussed Cited as authority (rule) Martin Cruz-Briones v. Merrick Garland
9th Cir. · 2022 · confidence medium
He also claims that the agency erroneously “raised the standard [for determining exceptional and extremely unusual hardship] to . . . unconscionability.” But Petitioner’s claim is a challenge to factual findings 5 because its sole basis is that the agency “dismiss[ed] the hardship at play in the present facts”; Petitioner concedes that the agency never explicitly said anything indicating that it misapplied the law. “[A]n exceptional and extremely unusual hardship determination is a . . . discretionary judgment that has been carved out of our appellate jurisdiction.” Romero-Torres…
discussed Cited as authority (rule) Luis Ortiz-Guadalupe v. Merrick Garland
9th Cir. · 2022 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003).1 However, this jurisdictional bar does not apply to a denial of a motion to reopen where the evidence 1 Unless otherwise indicated, in quoting cases all internal quotation marks, alterations, emphases, footnotes, and citations are omitted. 2 submitted to the BIA in connection with the motion “addresses a hardship ground so distinct from that considered previously as to make the motion to reopen a request for new relief, rather than a reconsideration of a prior [discretionary] denial.” Fernandez v. Gonzales, 439 F.3d 592 , 602–…
cited Cited as authority (rule) Trinidad Martinez-Espindola v. Merrick Garland
9th Cir. · 2022 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir. 2003) (citations omitted).
discussed Cited as authority (rule) Xuming Zhang v. Merrick Garland
9th Cir. · 2022 · confidence medium
The IIRIRA merged these proceedings into a single category called “removal proceedings.” Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir. 2003). 2 We do not accord Chevron deference to the BIA’s decision because it is “an unpublished disposition, issued by a single member of the BIA.” Ortega-Cervantes v. Gonzales, 501 F.3d 1111, 1113 (9th Cir. 2007) (internal quotation marks omitted); cf. Chevron U.S.A., Inc. v. Nat.
cited Cited as authority (rule) Henri Calderon-Rodriguez v. William Barr
9th Cir. · 2020 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir. 2003).
examined Cited as authority (rule) Pankajkumar Patel v. U.S. Attorney General (3×)
11th Cir. · 2020 · confidence medium
For relief under § 1129b(b), for example, an alien is eligible for discretionary relief only if the alien has “(A) a continuous physical presence of not less than 10 years, (B) good moral character, (C) a lack of certain criminal convictions, and (D) establishes exceptional and extremely unusual hardship to a qualifying relative.” For an adjustment of status under § 1255(i), such as the one that Patel seeks, the Attorney General may adjust the status of qualified aliens21 only if “(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanen…
examined Cited as authority (rule) Pankajkumar Patel v. U.S. Attorney General (3×)
11th Cir. · 2020 · confidence medium
For relief under § 1129b(b), for example, an alien is eligible for discretionary relief only if the alien has “(A) a continuous physical presence of not less than 10 years, (B) good moral character, (C) a lack of certain criminal convictions, and (D) establishes exceptional and extremely unusual hardship to a qualifying relative.” For an adjustment of status under § 1255(i), such as the one that Patel seeks, the Attorney General may adjust the status of qualified aliens21 only if “(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanen…
discussed Cited as authority (rule) Orean Carr v. William Barr
9th Cir. · 2020 · confidence medium
“We lack jurisdiction to review the BIA’s discretionary determination that [Carr] failed to satisfy the ‘exceptional and extremely unusual hardship’ requirement for cancellation of removal.” Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003); see 8 U.S.C. § 1252 (a)(2)(B)(i). 4.
discussed Cited as authority (rule) Vasquez-Leon v. Figueroa
D. Ariz. · 2020 · confidence medium
See Prieto-Romero v. Clark, 534 F.3d 1053, 1058 (9th Cir. 2008) 14 (“discretionary decisions granting or denying bond are not subject to judicial review”); 15 De Mercado v. Mukasey, 566 F.3d 810, 814 (9th Cir. 2009) (a decision is discretionary 16 where “it is ‘a subjective question that depends on the value judgment of the person or 17 entity examining the issue,’ not a legal determination.” (quoting Romero-Torres v. 18 Ashcroft, 327 F.3d 887, 890 (9th Cir. 2003))).
discussed Cited as authority (rule) Miguel Contreras-Marin v. William Barr
9th Cir. · 2020 · confidence medium
The BIA erred in its statement of the law.1 When evaluating whether qualifying relatives have suffered “exceptional and extremely unusual hardship” 1 The IJ’s and BIA’s fact-intensive exceptional-and-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).
discussed Cited as authority (rule) Edgar Velasquez-Carrillo v. William Barr
9th Cir. · 2020 · confidence medium
“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.” Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003).
cited Cited as authority (rule) Ilya Ruchyev v. William Barr
9th Cir. · 2019 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003). 2.
discussed Cited as authority (rule) Jeidy Esquivel-Rubinos v. Jefferson Sessions
9th Cir. · 2017 · confidence medium
Although this court lacks jurisdiction to review “exceptional and extremely unusual hardship” determinations, Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir. 2003), it retains jurisdiction to consider constitutional questions, such as due process challenges, Reyes-Melendez v. INS, 342 F.3d 1001, 1008 (9th Cir. 2003), which are reviewed de novo, Liu v. Holder, 640 F.3d 918, 930 (9th Cir. 2011) (as amended). “[A]n alien attempting to establish that the Board violated h[er] right to due process by failing to consider relevant evidence must overcome the presumption that it did review …
discussed Cited as authority (rule) Alberto Mendez-Garcia v. Loretta Lynch (2×)
9th Cir. · 2016 · confidence medium
Under the cap imposed by § 1229b(e)(1), “the Attorney General may not cancel the removal and adjust the status under this section . . . of more than 4,000 aliens in any fiscal year.” Even when an alien otherwise qualifies for relief and the annual number of grants has not been exhausted, “the ultimate decision whether to grant relief . . . rests with the Attorney General.” Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir. 2003).
discussed Cited as authority (rule) Ying Lin v. Loretta Lynch
4th Cir. · 2016 · confidence medium
As stated by the Ninth Circuit, “an ‘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).
discussed Cited as authority (rule) Abel Salazar-Vasquez v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
Finally, we also lack jurisdiction to review the agency’s discretionary determination that Salazar-Vasquez failed to satisfy the “exceptional and extremely unusual hardship” requirement for cancellation of removal, see 8 U.S.C. § 1252 (a)(2)(B)(i); Mendez-Castro v. Mukasey, 552 F.3d 975 (9th Cir. 2009); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003), and Salazar-Vasquez does not raise a colorable constitutional claim or question of law which this court may review.
examined Cited as authority (rule) Bernardo Ex Rel. M & K Engineering, Inc. v. Johnson (3×)
1st Cir. · 2016 · confidence medium
See Portillo-Rendon v. Holder, 662 F.3d 815, 817 (7th Cir.2011) (holding that a denial of cancellation of removal is not reviewable because “good moral character” — the lack of which provided a basis for the denial — -is “not define[d]” in the statute); Romero-Torres v. Ashcroft, 327 F.3d 887, 890-91 (9th Cir.2003) (finding that a denial of cancellation of removal based on the absence of “extreme hardship” is not subject to judicial review because “the language [of the phrase] itself commits the determination to the opinion of the Attorney General” (internal quotation mark …
cited Cited as authority (rule) Armando Aguirre-Madero v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).
discussed Cited as authority (rule) Loera Lujan v. Loretta E. Lynch
9th Cir. · 2015 · confidence medium
We lack jurisdiction to review the BIA’s determination that Lujan failed to establish the requisite hardship for cancellation of removal, see Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir.2003) (holding that the court lacks jurisdiction to review the BIA’s exceptional and extremely unusual hardship determination), and his unexhausted contention that the BIA violated its regulations by reversing the IJ’s decision in a single member order, see Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (no subject-matter jurisdiction over legal claims not presented in administrative proce…
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) Victor Ferman v. Eric Holder, Jr.
4th Cir. · 2014 · confidence medium
Jean v. Gonzales, 435 F.3d 475 , 480 (4th Cir.2006). “[A]n ‘exceptional and extremely unusual hardship’ determination is a subjective, discretionary judgment that has been carved out of appellate jurisdiction.” Romero-Torres v. Ashcroft, 327 F.3d 887, 888 (9th Cir.2003).
discussed Cited as authority (rule) Domingo Alencastro v. Eric Holder, Jr.
4th Cir. · 2014 · confidence medium
Here, the immigration judge found, and the Board agreed, that Alencas-tro failed to meet his burden of establishing that his United States citizen father and daughter would suffer 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, e.g., Barco-Sandoval v. Gonzales, 516 F.3d 35, 36 (2d Cir. 2008); Memije v. Gonzales, 481 F.3d 1163, 1164 (9th Ci…
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) Jose Vasquez-Rivera v. Eric Holder, Jr.
9th Cir. · 2013 · confidence medium
See 8 U.S.C. § 1229b(b)(l); Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir.2003) (“[cjancellation of removal ... is based on statutory predicates that must first be met”); cf. Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir.2002) (holding that where requirements for relief “are conjunctive, failure to meet any one of them is fatal”).
cited Cited as authority (rule) Elisned Corro-Barragan v. Eric H. Holder Jr.
9th Cir. · 2013 · confidence medium
In the IIRIRA, Congress merged deportation and exclusion proceedings into a single process — a removal proceeding. 6 See Romero-Torres v. Ashcroft, 327 F.3d 887, 889 (9th Cir.2003).
discussed Cited as authority (rule) Hoo Lee v. Eric Holder, Jr.
9th Cir. · 2013 · confidence medium
See Mendoza v. Holder, 628 F.3d 1299 , 1801-02 (9th Cir.2010); Reyes-Melendez v. INS, 342 F.3d 1001, 1006 (9th Cir.2003); Hassan v. INS, 927 F.2d 465, 467-68 (9th Cir.1991); see also Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009); Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005); Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir.2003). 8 (3)Finally, Lee asserts that her due process rights were violated because translation errors prejudiced her, 9 and because hearsay from the case agent regarding the fraud that she and Jung Kim perpetrated was admitted. 10 Our carefu…
cited Cited as authority (rule) Ernesto Orendain v. Eric Holder, Jr.
9th Cir. · 2012 · confidence medium
See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).
cited Cited as authority (rule) Luis Cruz v. Eric Holder, Jr.
9th Cir. · 2012 · confidence medium
See 8 U.S.C. § 1252 (a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003).
cited Cited as authority (rule) Singh v. Holder
9th Cir. · 2011 · confidence medium
Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003).
cited Cited as authority (rule) Elizabeth Cada v. Eric Holder, Jr.
9th Cir. · 2011 · confidence medium
Romero-Torres *610 v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).
Retrieving the full opinion text from the archive…
Jose Cruz ROMERO-TORRES, Petitioner,
v.
John ASHCROFT, Attorney General, Respondent
01-71638.
Court of Appeals for the Ninth Circuit.
Apr 28, 2003.
327 F.3d 887
Kevin A. Bove, Escondido, California, for the petitioner., Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, Carl H. McIntyre, Jr., Senior Litigation Counsel, Nancy E. Friedman, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., for the respondent.
Nelson, Silverman, McKeown.
Cited by 932 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Ninth Circuit (1)

OPINION

McKEOWN, Circuit Judge:

Jose Cruz Romero-Torres (“Romero”) appeals the denial of his application for cancellation of removal. He argues that he meets the statutory requirements for cancellation of removal set forth in 8 U.S.C. § 1229b(b)(l); [1] specifically, Romero claims that his removal would impose an extreme hardship because his parents rely upon him for emotional and financial support. After a hearing, the Immigration Judge (“IJ”) denied his request, finding that Romero was not the primary source of his parents’ financial support based on his undisputed contribution to their welfare, that his claimed difficulties were a “common occurrence” in any departure situation, and that he failed to demonstrate that his removal would result in “exceptional and extremely unusual hardship” as required under the statute. 8 U.S.C. § 1229b(b)(l)(D). The IJ granted Romero’s request for voluntary departure. The Board of Immigration Appeals (“BIA”) adopted the IJ’s decision and dismissed the appeal.

The threshold issue — and one of first impression in this circuit — is whether we have jurisdiction to review the BIA’s denial of cancellation based on a rejected claim of “exceptional and extremely unusual hardship.” [2] Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), “no court [has] jurisdiction to review ... any judgment regarding the granting of relief’ for cancellation of removal. 8 U.S.C. § 1252(a)(2)(B). We join the other circuit that has addressed this issue and conclude that an “exceptional and extremely unusual hardship” determination is a subjective, discretionary judgment that has been carved out of our appellate jurisdiction. See Gonzalez-Oropeza v. U.S. Attorney General, 321 F.3d 1331, 1332-33 (11th Cir. Feb.2003).

1. Cancellation of Removal Under IIRI-RA

Cancellation of removal is a new form of discretionary relief made available by IIR-[*889] IRA. [3] Pub.L. No. 104-208, Div. C, § 304, 110 Stat. 3009 (1996). Under IIRIRA, deportation and exclusion were merged into the broader category of “removal proceedings.” Kalaw v. INS, 133 F.3d 1147, 1149 n. 2 (9th Cir.1997). Cancellation of removal, like suspension of deportation before it, is based on statutory predicates that must first be met; however, the ultimate decision whether to grant relief, regardless of eligibility, rests with the Attorney General. See 8 U.S.C. § 1229(b)(1).

The requirements for cancellation of removal for non-permanent residents are codified at 8 U.S.C. § 1229b(b)(l):

The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien—
(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title (except in a case described in section 1227(a)(7) of this title where the Attorney General exercises discretion to grant a waiver); and
(D)establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

These requirements closely resemble those for suspension of deportation under pre-IIRIRA law and the transitional rules. [4] Although similar, Congress made two changes that are relevant to our analysis. First, the new statute omits the phrase “in his discretion” after “the Attorney General” in the initial grant of authority, and also omits the words “in the opinion of the Attorney General” under the “hardship” requirement. Second, the standard for cancellation of removal raises the “hardship” bar, requiring “exceptional and extremely unusual hardship” rather than the previous “extreme hardship” standard for suspension of deportation. Compare 8 U.S.C. § 1229(b)(1), with 8 U.S.C. § 1254(a)(1) (repealed 1996).

II. Jurisdiction Under IIRIRA

IIRIRA “dramatically altered this court’s jurisdiction” to review final orders[*890] of the BIA. Kalaw, 133 F.3d at 1149. Specifically, under the heading “Denials of discretionary relief,” the statute provides that, “notwithstanding any other provision of law, no court shall have jurisdiction to review (i) any judgment regarding the granting of relief under section ... 1229b [cancellation of removal].” 8 U.S.C. § 1252(a)(2)(B)(i).

This provision eliminates our jurisdiction to review some determinations by the BIA, but not others. After looking to the varied uses of the word “judgment” throughout IIRIRA, in Montero-Martinez we concluded that the cancellation of removal provision “eliminates jurisdiction only over decisions by the BIA that involve the exercise of discretion.” 277 F.3d at 1144. We retain jurisdiction to review “the purely legal and hence non-discretionary question whether [the applicant’s] adult daughter qualifies as a ‘child’ ” for purposes of the “exceptional and extremely unusual hardship” requirement. Id.; see also Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002) (holding that we have jurisdiction to consider whether the applicant’s mother was a “lawful permanent resident” under the cancellation of removal requirement). We interpreted (B)(i) to encompass all discretionary decisions involved in the cancellation of removal context, including the ultimate discretionary decision to deny relief. See Montero-Martinez, 277 F.3d at 1144. Thus, for cancellation of removal cases, (B)(i) is the provision relevant to our jurisdiction over discretionary determinations.

None of our prior cases addressed the question presented here — whether the existence of “exceptional and extremely unusual hardship” itself is either non-disere-tionary and reviewable or discretionary and hence unreviewable under (B)(i). Earlier, however, we faced a similar issue in Kalaw: whether § 1252(a)(2)(B) removed our jurisdiction to review the determination that an alien had not met the now-repealed “extreme hardship” requirement for suspension of deportation under IIRIRA’s transitional rules. 133 F.3d at 1149. We resolved that our jurisdiction was limited to “aspects of statutory eligibility” that required “application of law to factual determinations.” Id. at 1150.

We then walked through the statutory requirements for suspension of deportation, sorting discretionary from non-discretionary aspects. We held that we had jurisdiction to consider eligibility under the first requirement, “continuous physical presence,” because this determination was “more factual than discretionary.” Id. at 1151 (listing established legal standards that guide the inquiry). We viewed the second, “good moral character” factor as more complex, resolving that we had jurisdiction to decide whether the applicant fell into per se exclusion categories, such as habitual drunkenness or conviction of a felony, because such categories depended on “findings of fact.” Id. However, we concluded that we lacked jurisdiction to consider the question apart from these categories because, “whether an alien has good moral character is an inquiry appropriate for the Attorney General’s discretion.” Id. We explained that “this makes sense” because “whether someone has good moral character is almost necessarily a subjective question, dependent as it is upon the identity of the person or entity examining the issue.” Id. Finally, and most significant for our purposes here, we held that the “extreme hardship” factor was purely discretionary because “the language ... itself commits the determination to ‘the opinion of the Attorney General’ ” Id. at 1152.

Romero argues that Kalaw is not controlling, pointing out that, in Kalaw, we interpreted IIRIRA’s transitional rules[*891] with different, albeit similar, language. Specifically, the language relied upon in Kalaw — “in the opinion of the Attorney General” — is now missing from the provision setting forth the “exceptional and extremely unusual hardship” requirement. Making much of this difference, Romero suggests that Congress’s omission of this language is evidence that Congress intended to provide for judicial review. Given the “strong presumption in favor of judicial review of administrative action” and a “longstanding principle of construing any ambiguities in deportation statutes in favor of the alien,” Montero-Martinez, 277 F.3d at 1141 (internal quotations and citations omitted), Romero urges us to conclude that the existence of “exceptional and extremely unusual hardship” is a factual determination that we may review. The difficulty with this argument is that the absence of the “in the opinion of’ language does not change the essential, discretionary nature of the hardship decision.

Romero acknowledges that the facts in his case are not in dispute, and that his appeal does not challenge any factual determinations made by the BIA. [5] He also acknowledges that the existence of “exceptional and extremely unusual hardship” is a subjective inquiry about which reasonable minds can differ. He asserts, however, that “[jjust because something is ‘subjective’ does not mean that it is discretionary.” We disagree as it relates to the hardship requirement. As we observed in Kalaw, an inquiry is discretionary where it is a “subjective question” that depends on the value judgment “of the person or entity examining the issue.” Kalaw, 133 F.3d at 1151. Because the BIA, acting for the Attorney General, is vested with the discretion to determine whether an alien has demonstrated the requisite hardship, we are without jurisdiction to review the BIA’s hardship determinations under IIRIRA.

Our conclusion is consistent with the holdings of the other circuits that have considered this question. In Gonzalez-Oropeza, 321 F.3d at 1332, the petitioners were in an identical posture procedurally. Based on § 1252(a)(2)(B)’s jurisdictional bar and prior precedent analyzing the “substantially similar extreme-hardship” language in IIRIRA’s transitional rules, the Eleventh Circuit concluded that “the exceptional and extremely unusual hardship determination is a discretionary decision not subject to review.” Id. at 1332-33.

Our resolution of this question is also consistent with pre-IIRIRA authority, which left extreme hardship determinations to the discretion of the BIA. In INS v. Jong Ha Wang, 450 U.S. 139, 101 S.Ct. 1027, 67 L.Ed.2d 123 (1981), the Supreme Court explored the boundaries of “extreme hardship”:

The crucial question in this case is what constitutes ‘extreme hardship.’ These words are not self-explanatory, and reasonable men could easily differ as to their construction. But the Act commits their definition in the first instance to the Attorney General and his delegates, and their construction and application of this standard should not be overturned by a reviewing court simply because it may prefer another interpretation of the statute.

Id. at 144, 101 S.Ct. 1027; see also Carnalla-Munoz v. INS, 627 F.2d 1004, 1006 (9th Cir.1980) (“Extreme hardship is by the express terms of the statute a discretionary determination.”).

[*892] We join the Eleventh Circuit in acknowledging our limited jurisdiction with respect to the review of cancellation of removal proceedings. 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. The petition is

DISMISSED.

1

. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (''IIRIRA”) provides two forms of cancellation of removal: cancellation for aliens who are legal permanent residents, and cancellation for aliens who are not. See Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1141 n. 2 (9th Cir.2002). Because Romero is not a legal permanent resident alien, he is not eligible for relief under § 1229b(a) and must therefore satisfy the more stringent statutory requirements set forth in § 1229b(b). Id. at 1140.

2

. As in Montero-Martinez, 277 F.3d at 1140 n. 1, this appeal presents the question of "whether we can review decisions regarding discretionary relief by the Attorney General and his designees, which include! 1. inter alia, the IJ, the BIA, INS District Directors, and INS Regional Commissioners.” Because appellate courts usually review BIA decisions, we use the term BIA as "shorthand for the Attorney General and his designees.” Id.

3

. IIRIRA’s cancellation of removal provisions apply to immigration proceedings initiated after April 1, 1997. See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). IIRIRA's transitional rules, adopting the suspension of deportation standard from pre-IIRIRA law, apply to cases that were pending before April 1, 1997 in which a final deportation or exclusion order was filed after October 30, 1996. Pre-IIRIRA law applies to cases in which a final deportation or exclusion order was filed on or before October 30, 1996. See id.

4

. The suspension of deportation provision stated:

[T]he Attorney General may, in his discretion, suspend deportation and adjust the status ... in the case of an alien ... who
[1] has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application; ...
[2] proves that during all of such period he was and is a person of good moral character; and
[3] is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

INA § 244(a)(1), 8 U.S.C. § 1254(a)(1) (repealed 1996).

5

. Because the facts in this case are undisputed, we need not decide whether we have jurisdiction to review underlying, disputed factual determinations.