NOT RECOMMENDED F OR FUL L -TEXT PUB L I CATI ON File Na me: 12a0618n.06 No. 11-4065 UNI TED STATES COURT OF A PPEAL S FOR THE SI XTH CI RCUI T FERNAN DO MARTI

NEZ -B RAVO, Petitioner,

v. ERI C H. HOL DER, J R., Attorney Gene ral, Respondent. ) ) ) ) ) ) ) ) ) ON PETI TI ON F OR REVI EW FROM A F I

NAL ORDER OF TH E BO ARD OF I MMI GRATI ON APPEAL S

BEFORE: M ARTIN and CLAY, Circuit Judges; HOOD, District Judge. * P ER CURIAM

. Fe rnando Martinez-B ravo, who is repr esente d by counsel, petitions for revie w of a final order by the Boa rd of I mmigration Appea ls (B IA). The BIA dismiss ed his appea l from the decision of an I mmigration J udg e (I J ) who denied his r equest for canc ellation of remova l under 8 U .S.C. § 1229b. Martinez-B ravo is a native and citizen of Mexi co who has been prese nt in the United States since at l east 2000. In 2006, the g overnme nt issued a notice to appea r, char g ing Martinez-B ravo with r emovability under 8 U.S.C. § 1182(a) (6)( A)(I ). Mar tinez-Bra vo conce ded remova

bility and soug ht canc ella

ti o n o f r e mo val. Following a hear ing, the I J denied Martinez-B ravo’ s application and order ed him remove d to Mex ico. The I J found that Mar tinez-Bra vo failed to de monstrate that his

remova l would result in the requisite hardship to his family

. 8 U.S.C. § 1229b(b)( 1)(D)

. On appea l, the BIA dismiss ed the case on the sole g round that Martinez-B ravo failed to establish the requisite hardship.

The Honor able Joseph M. Hood, United States District J udg e for the Easter

n District of * Kentucky , sitti ngby

designation.No. 11-4065 - 2 - Gene rally , the Attorney Gen er al h as discretion to canc el the remova l of a non-per manent resident alien if, among other things, the alien “esta blishes that remova l would result in exceptional and extremely unusual h ar d s h i p ” to a qualifying relative. 8 U.S.C. § 1229b(b)( 1)(D)

. Although fede ral courts are divested of jurisdiction to revie w decisions conce rning canc ellation of remova l, 8 U.S.C. § 1252(a) (2)( B) (I ), an alien may seek judicial revie w of constitutional claims or questions of law. 8 U .S.C. § 1252(a)(2) (D). An alien may also seek judicial revie w of a claim that the BIA depar ted from its own prec edent in deny ing discretionar

y relief

. Ettienne v. Holder , 659 F.3d 513, 517 (6th Cir. 2011). Martinez-B ravo claims that the BI A depar ted from its own prec edent in dismiss in g his appea l. He asks us to compar e the fac ts of his case with those of the prec edential decisions cited by the BI A. Although a claim of depar ture from ag ency prec edent is subject to judicial revie w, we lack “jurisdiction over claims that can be eva l u ated only by eng ag ing in head- to-hea d compar isons betwee n the fa cts of the pe titioner’s ca se and those of prec edential de cisions.” Id. at 518. Martinez-B ravo a lso claims that the BI A vi olated his due process rights by finding that he failed to demonstrate the requisite hardship. However, M ar t i n ez -B ravo has no protec ted liberty interest in obtainingdiscretionar y relief

. Ukpabi v. M

ukasey , 525 F.3d 403, 408 ( 6th Cir. 2008). The pe tition i s dismis sed for lack of jurisdiction.