Martinez Martinez v. Holder
Opinion
Opinion
MEMORANDUM
Adan Martinez Martinez and Imelda Cabrera Torres, natives and citizens of Mexico, petition for review of a decision by the Board of Immigration Appeals (BIA) denying their motion to reconsider and reopen the underlying denial of their application for cancellation of removal for failure to establish exceptional and extremely unusual hardship. We have jurisdiction under 8 U.S.C. § 1252 . We dismiss the petition in part and deny in part.
In general, we lack jurisdiction to review the BIA’s discretionary determination that Petitioners were ineligible for cancellation of removal, because Petitioners failed to show that removal would result in “exceptional and extremely unusual hardship” to their United States citizen children. 8 U.S.C. § 1229b(b)(1)(D); see Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009). We also lack jurisdiction to review the BIA’s denial of Petitioners’ motion to reopen, when the evidence presented is based upon the same hardship grounds involved in the original decision. Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006). However, we do have jurisdiction to review Petitioners’ due process claims. See Mendez-Castro, 552 F.3d at 978 .