Luis Vilchiz-Soto v. Eric Holder, Jr.

ORDER

Luis Jesus Vilchiz-Soto and Obdulia Resendiz-Ledesma, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen removal proceedings and reconsider a previous denial of their application for cancellation of removal. The BIA denied the motion to reconsider because petitioners failed to demonstrate any error of fact or law in the BIA’s September 22, 2011 decision, which was based on petitioners’ failure to demonstrate “exceptional and extremely unusual hardship” to their qualifying relatives. 8 C.F.R. § 1003.2 (b)(1). The BIA also denied the motion to reopen because petitioners did not demonstrate reopening would be proper under 8 C.F.R. § 1003.2 (c)(1).

The government contends that we lack jurisdiction to review the denial of the motion to reconsider because petitioners’ challenge is nothing more than a challenge to the BIA’s discretionary determination that petitioners failed to establish that their removal would cause the requisite hardship to their qualifying relatives. Petitioners contend that we do have jurisdiction because they are not challenging the BIA’s discretionary determinations but…