Nelly Hernandez Silva v. Eric H. Holder Jr.

MEMORANDUM

Nelly Hernandez Silva and Alex Barcia Ramirez, natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals denying their motion to reopen the underlying denial of their application for cancellation of removal based on their failure to establish the requisite hardship to their qualifying relatives.

Petitioners contend that the BIA erred in denying their motion to reopen because they are entitled to relief under the Convention Against Torture (“CAT”) based on changed country conditions in Mexico, and because they presented sufficient new evidence of hardship to support their claim for cancellation.

The evidence of hardship arising from the male petitioner’s diabetes and the United States citizen child’s education difficulties concerned the same basic hardship ground as their initial application for cancellation of removal. We therefore lack jurisdiction to review the BIA’s discretionary determination that the evidence was insufficient to establish a prima facie case of hardship. See Fernandez v. Gonzales, 439 F.3d 592, 601-03 (9th Cir.2006). To the extent that petitioners allege that conditions in Mexico constitute…