Andres Ortega-Flores v. Loretta E. Lynch

MEMORANDUM

Andres Ortega-Flores, a native and citizen of Mexico, petitions pro se for review of .the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider and reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Ortega-Flores’ motion to reconsider because we cannot review the BIA’s discretionary hardship determination. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir.2012) (order) (“[T]he BIA’s denial of the motion to reconsider falls outside the court’s jurisdiction because the court cannot reconsider the discretionary, fact-based determination that petitioners failed to demonstrate the requisite hardship.”). Although the court retains jurisdiction over colorable questions of law and constitutional claims, Ortega-Flores’ contention that the BIA did not consider all of the hardship factors is not supported by the record and his equal protection claim is foreclosed by our case law. See Martinez-Rosa s v. Gonzales, 424 F.3d 926, 930…