Joaquin Cabrera-Sanchez v. Eric Holder, Jr.

MEMORANDUM

Joaquin Arturo Cabrera-Sanchez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Ap peals’ order denying his motion to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

Cabrera-Sanchez contends that the BIA abused its discretion in denying his motion to reopen because he presented new evidence of the requisite hardship-a psychologist’s report that his oldest United States citizen daughter is experiencing psychological problems due to the removal proceedings, and evidence that the daughter is enrolled in a gifted students educational program-to support his application for cancellation relief. Cabrera-Sanchez further contends that the BIA violated his due process rights by applying the wrong hardship standard.

To the extent we have jurisdiction to review the BIA’s denial of the motion to reopen, see Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir.2006), we conclude the BIA did not abuse its discretion in denying Cabrera-Sanchez’s motion to reopen based on new…