Torres

MEMORANDUM **

Puga Felix Torres is a native and citizen of Mexico. Torres appeals the Board of Immigration Appeals’ (“BIA”) denial of his motion to reconsider its denial of his motion to remand to reopen proceedings for consideration of the birth of his United States citizen child. We have jurisdiction under 8 U.S.C. § 1252 (a)(1) and we affirm.

“[Granting a motion to reopen is a discretionary matter with [the] BIA.” INS v. Rios-Pineda, 471 U.S. 444, 449 , 105 S.Ct. 2098 , 85 L.Ed.2d 452 (1985) (finding the BIA had discretion to deny reopening a case because the petitioners reached the residency requirement during the course of their meritless appeal). In this case, the BIA exercised its discretion to deny Torres’ motion to reopen regardless of whether Torres may have made out a prima facie case for relief. See INS v. Abudu, 485 U.S. 94, 105 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (holding that “in cases where the ultimate grant of relief is discretionary” the BIA may skip over threshold *979 concerns such as whether a prima facie case is made “and simply determine that even if [the thresholds] were met, the movant would not be entitled to the discretionary grant of…