Negrete

Victor Hugo Cisneros Negrete and Rocío Herminia Gutierrez Garcia (“the Cisneroses”) appeal from the district court’s dismissal for lack of jurisdiction of their habeas petition challenging the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen their immigration proceedings. Both petitioners are Mexican citizens who entered the United States without inspection in 1989 and have lived here since. Their youngest child, Herbert, was born in the United States and is therefore a United States citizen. In removal proceedings, the Cisneroses applied for cancellation of removal under the Immigration and Nationality Act, 8 U.S.C. § 1229b(l)(D), arguing that removal would result in exceptional and extremely unusual hardship to Herbert. The Immigration Judge (“IJ”) rejected this claim. The BIA affirmed the IJ’s decision.

After the BIA’s decision, Herbert was diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”). The Cisneroses moved to reopen their case before the BIA, citing In re Monreal, 23 I & N Dec. 56, 63 (BIA 2001), which held that a citizen child with “compelling needs in school” met the exceptional and extremely unusual hardship standard justifying…