Jesus Estrada-Dominguez v. Eric H. Holder Jr

MEMORANDUM

Jesus Alberto Estrada-Dominguez, a native and citizen of Mexico, petitions pro se for review of a Board of Immigration Appeals order denying his motion to reopen or reconsider removal proceedings. We review for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the Board’s denial of Estrada-Dominguez’s motion to reopen his application for cancellation of removal, to the extent it introduced further evidence of hardship to his United States citizen children and his lawful permanent resident mother already considered by the IJ. 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 concluding that new evidence regarding Estrada-Dominguez’s children was insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (recognizing that Board’s denial of motion to reopen shall be reversed only if “arbitrary, irrational or contrary to…