Guerrero Mendez v. Ashcroft

MEMORANDUM **

Luis and Lydia Guerrero Mendez (collectively the “Mendezes”) petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen their application for cancellation of removal pursuant to 8 C.F.R. § 1003.2 . The BIA properly weighed the factors relevant to the Mendezes’ motion to reopen and articulated legally relevant grounds for denying it. These findings, if supported by substantial evidence, go directly to the heart of whether the Mendezes demonstrated prima facie eligibility for cancellation based on “exceptional and extremely unusual hardship” required by 8 U.S.C. *80 § 1229b(b)(1)(D). See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 868-69 (9th Cir. 2003).

Specifically, the BIA pointed to: (1) a lack of direct evidence that the Mendezes’ daughter Bernice would accompany them to Mexico if they are forced to voluntarily depart; (2) even if she did accompany them, no evidence that the treatment of her condition is either unavailable or lacking in Mexico was presented; and (3) evidence indicating a likelihood that the daughter would fully recover. Substantial evidence in the documents submitted with the motion to reopen supports these…