De Lopez v. Gonzales

MEMORANDUM ***

Maria Luisa Ambriz De Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen cancellation of removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Ambriz De Lopez’s contentions that the immigration judge violated her due process rights by finding she failed to establish the requisite physical presence and by failing to properly analyze the alleged hardship to her United States citizen daughter, because Ambriz De Lopez faded to file a timely petition for review of her underlying order of removal. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996).

We review the BIA’s denial of Ambriz De Lopez’s motion to reopen for abuse of discretion. See Caruncho v. INS, 68 F.3d 356, 360 (9th Cir.1995). We conclude this denial did not constitute an abuse of discretion because petitioner did not demonstrate that her proffered evidence was previously unavailable. See 8 C.F.R. § 1003.2 (c)(1) (“[a] motion to reopen proceedings shall not be granted unless it…