Juan Torres-Santoyo v. Loretta Lynch

MEMORANDUM

Juan Carlos Torres-Santoyo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying cancellation of removal, and denying his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand, and review de novo questions of law. Vargas-Hernandez v. Gonzales, 497 F.3d 919, 921, 923 (9th Cir. 2007). We deny in part and dismiss in part the petition for review.

We lack jurisdiction to review the BIA’s denial of Torres-Santoyo’s motion to remand to the extent it concerns the same hardship grounds as his original application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir. 2006) (“If ... the BIA determines that a motion to reopen proceedings in which there has already been an unreviewable discretionary determination concerning a statutory prerequisite to relief does not make out a prima facie case for that relief, [8 U.S.C.] § 1252(a)(2)(B)(i) precludes our visiting the merits, just as it would if the BIA had affirmed the [immigration judge] on direct…