By Thor v. Loretta E. Lynch

MEMORANDUM

By Thor and Bao Lo, natives and citizens of Laos, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeals from an immigration judge’s (“IJ”) order of removal and denial of their request for further hearings upon remand from the BIA. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, for abuse of discretion the denial of a motion to reopen, and for substantial evidence the agency’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005).

The agency used the correct standard and did not abuse its discretion in denying petitioners’ request for further hearings to introduce additional documentation of hardship in support of their cancellation of removal application upon remand from the BIA, where the evidence proffered was cumulative, was not material, and was previously available. See 8 C.F.R. § 1003.23 (b)(8); Fernandes v. Holder, 619 F.3d 1069, 1074 (9th Cir.2010) (“An articulated purpose for the remand [from the BIA], without any express limit on scope, is not sufficient to limit the remand such that it forecloses consideration of other new claims or motions that the IJ…