Saldivar-Guerrero

MEMORANDUM **

Cipriano Saldivar-Guerrero, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an immigration judge’s (“IJ”) denial of his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), we dismiss in part and deny in part the petition for review.

In his motion to reopen, SaldivarGuerrero sought to introduce new psychological evidence as to the hardship his son Bryan will suffer if Saldivar-Guerrero is removed to Mexico. The IJ did not abuse her discretion by denying the motion because Saldivar-Guerrero failed to establish that the evidence was previously unavailable or could not have been discovered and presented at the former hearing. See 8 C.F.R. § 1003.2 (c)(1). Saldivar-Guerrero was on notice that he had the burden of showing the requisite hardship to his U.S. citizen children, and in fact did present hardship evidence at his hearing. See INS v. Doherty, 502 U.S. 314, 326-28 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992) (holding that Attorney General had broad discretion to determine that…