Jose Cevallos-Rodriguez v. Loretta E. Lynch

MEMORANDUM

Jose Alberto Cevallos-Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s determination that the evidence Cevallos-Rodriguez submitted with his motion to reopen does not establish a prima facie case of exceptional and extremely unusual hardship for the purposes of cancellation of removal, where the evidence Cevallos-Rodriguez presented with his motion concerned the same hardship grounds as his application for cancellation of removal in his original removal proceedings. 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 unreviewable 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, just as it would if the BIA had affirmed the [immigration judge] on direct appeal.”).

Because the BIA’s determination that Cevallos-Rodriguez did not demonstrate a prima facie…