Ramon Jimenez Padron v. Eric Holder, Jr.

MEMORANDUM

Ramon Jimenez Padrón and Rosalinda Jimenez, natives and citizens of Mexico, petition for review of a Board of Immigration Appeals (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s determination that the evidence petitioners submitted with their motion to reopen to reapply for cancellation of removal does not establish' a prima facie case of exceptional and extremely unusual hardship. See Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir.2006) (“If ... the BIA determines that a motion to reopen proceedings in which there has already been an unre-viewable discretionary determination concerning a statutory prerequisite to relief does not make out a prima facie case for that relief, [8 U.S.C.] § 1252(a)(2)(B)(i) precludes our visiting the merits.... ”).

Petitioners’ contention that the BIA failed to consider hardship evidence accompanying the motion to reopen is not supported by the…