
    Refugio PAYAN-MORALES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 08-72898.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 13, 2010.
    
    Filed Sept. 30, 2010.
    Jose A. Bracamonte, Law Offices of Jose A. Bracamonte, P.C., Phoenix, AZ, for Petitioner.
    Stacy Stiffel Paddack, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

Refugio Payan-Morales, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order sustaining the government’s appeal from an immigration judge’s (“IJ”) decision granting her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Contrary to Payan-Morales’ contention, the BIA used the proper standard in its hardship determination. See 8 C.F.R. § 1003.1(d)(3)(h); see also Figueroa v. Mukasey, 543 F.3d 487, 497-98 (9th Cir. 2008) (agency must conduct a “future-oriented analysis” in determining whether “removal would result in an exceptional and extremely unusual hardship to the citizen-children”) (emphasis in the original).

We lack jurisdiction to review the BIA’s discretionary determination that PayanMorales failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

PETITION FOR REVIEW DENIED in part; DISMISSED in part. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     