Petitioner Jose Felix Martinez petitions for review of the Board of Immigration Appeals’ (BIA’s) affirmance of the Immigration Judge’s (IJ’s) order dеnying his application for cancellation of removal, pursuant to 8 U.S.C. § 1229b(b). Specifically, he challenges the BIA’s discretionary dеtermination that he failed to satisfy § 1229b(b)(l)(D)’s “exceptional and extremely unusual hardship” requirement. We dismiss the petition for lack of jurisdictiоn.
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 Immigrаtion 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 cancellаtion 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 remоval 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.,
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.
Seсtion 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, pursuаnt 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(а)(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 jurisdiсtion, stating the BIA’s § 1229b(b)(l)(D) “exceptional and extremely unusual hardship determination is a discretionary decision not subject to review.”
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 amendеd § 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 accordancе 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 detеrminations 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 whеther § 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).
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 leаst 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,
IV. CONCLUSION
Notwithstanding Congress’s enactment of § 1252(а)(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.
Notes
. 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 Departmеnt of Homeland Security (DHS), abolished the INS, and transferred the INS's functions to the DHS.
. The IJ also determined Petitioner failed to satisfy § 1229b(b)(l)(B)'s “good morаl character” requirement. On appeal, the BIA expressly declined to address this alternative holding. Therefore, the IJ's "good mоral character” decision is not an issue in this petition for review.
. 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 аrgument, however, and Petitioner does not challenge this holding in his petition for review.
. 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,