Palomino Ochoa v. Gonzales

MEMORANDUM ***

Alfredo Palomino Ochoa, his wife Josefina Moreno Palomino, and their son Freddy Palomino, all natives and citizens of Mexi *875 co, petition for review of the Board of Immigration Appeals’ (“Board”) denial of their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo claims of due process violations. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We deny the petition for review.

Petitioners requested that the Board reopen and remand their case to the immigration judge for consideration of new evidence of medical hardship relevant to their applications for cancellation of removal. They contend that the Board denied them due process by failing to consider the availability of medical services in Mexico on an individual basis. We disagree.

The Board acted within its broad discretion in concluding that petitioners’ new evidence was not sufficient to establish eligibility for cancellation of removal. See INS v. Abudu, 485 U.S. 94 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (explaining that the Board may deny a motion to reopen if “the movant…