De Reyes v. Ashcroft

MEMORANDUM **

We address three related and consolidated petitions for review. Petitioner Rosalia Lopez De Reyes petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her application for cancellation of removal (No. 02-71480), the BIA’s first denial of De Reyes’s motion to reopen (No. 02-72337), and the BIA’s deni *484 al of De Reyes’ motion to reopen after the BIA granted her motion to reconsider (No. 02-74406).

Because the facts are known to the parties, we recount them only as necessary to explain our determination. The Immigration and Naturalization Service (“INS”) began removal proceedings against De Reyes on July 7, 1998, by filing a Notice to Appear. The Notice to Appear asserted that De Reyes had illegally entered the United States. On September 14, 1998, De Reyes appeared before an Immigration Judge (“IJ”), conceded removability, and applied for cancellation of removal or, in the alternative, voluntary departure. At that time, De Reyes was married to Gustavo Reyes-Gayot, who was a party to the same removal proceedings. On February 17, 1999, Reyes-Gayot testified about the “exceptional and extremely unusual hardship” that removal would have on their…