Felix Pacheco-Sierra v. Eric H. Holder Jr.

MEMORANDUM

Gustavo Chairez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Chairez’s motion to reopen because the BIA considered the evidence submitted and acted within its broad discretion in determining Chairez did not show prima facie eligibility for relief under the Convention Against Torture. See INS v. Abudu, 485 U.S. 94, 104-05 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); see also Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (the BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational, or contrary to law”).

We lack jurisdiction to review the BIA’s denial of Chairez’s motion to reopen based on further evidence of hardship to Chairez’s son.…