Read the following excerpt from a US court opinion:
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Hector Estuardo Zavala Archila (“Zavala”) is a native and citizen of Guatemala. Zavala appeals the Board of Immigration Appeals’ (“BIA”) denial of his application for suspension of deportation. While we lack jurisdiction over the BIA’s discretionary determinations, we have jurisdiction over Zavala’s due process challenge to the BIA’s failure to fully and properly consider the evidence supporting a finding of extreme hardship. See Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir.2001) . We grant the petition and remand to the BIA
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that the iirira strips the court of jurisdiction over the attorney generals discretionary extreme hardship determination but retaining jurisdiction over constitutional due process claims
B. recognizing that failure to exhaust an issue before the bia strips us of jurisdiction
C. holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute
D. holding that the court of appeals has jurisdiction to decide its jurisdiction under the transitional rules of the iirira
E. holding over
Reply with [A, B, C, D, E] only.