Liboria Partida-Sanchez v. Eric H. Holder Jr.

MEMORANDUM

Liboria Partida-Sanchez, a native and citizen of Mexico, petitions pro se for review of a Board of Immigration Appeals order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

We lack jurisdiction to review the Board’s denial of Partida-Sanchez’s motion to reopen, which introduced further evidence of hardship to her United States citizen child. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006) (explaining that § 1252(a)(2)(B)(i) bars jurisdiction when question presented in motion to reopen is essentially the same hardship ground originally decided).

The Board did not abuse its discretion in denying Partida-Sanchez’s motion to reconsider because the motion failed to identify any errors of fact or law in the Board’s order. See 8 C.F.R. § 1003.2 (b)(1); see also Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc). Partida-Sanchez challenges the constitutionality of the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) and contends it violates the Equal Protection Clause by treating individuals differently…