Gerson Reyes-Garcia v. Eric Holder, Jr.

MEMORANDUM

Gerson Jose Reyes-Garcia, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Lopez-Vasquez v. Holder, 706 F.3d 1072, 1078 (9th Cir.2013). We deny the petition for review.

The BIA did not abuse its discretion by denying for lack of prima facie eligibility for relief Reyes-Garcia’s motion to reopen to seek cancellation of removal. See id. at 1080 (“The BIA is entitled to deny a motion to reopen where the applicant fails to demonstrate prima facie eligibility for the underlying relief.”). The new evidence accompanying Reyes-Garcia’s motion did not reveal a reasonable likelihood that he would succeed in demonstrating the requisite exceptional and extremely unusual hardship in reopened proceedings. See Garcia v. Holder, 621 F.3d 906, 912-13 (9th Cir.2010)-(stating that prima facie eligibility “is established when ‘the evidence reveals a reasonable likelihood that the statutory requirements for relief have been…