Mendez

MEMORANDUM **

Gerardo Martinez Mendez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. We have jurisdiction to review the denial under 8 U.S.C. § 1252 , and do so pursuant to an abuse of discretion standard, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We deny the petition for review.

To prevail on his motion, Mendez was required to submit evidence that revealed a reasonable likelihood that he satisfied the requirements for cancellation of removal. See Ordonez v. INS, 345 F.3d 777, 785 (9th Cir.2003). However, although the BIA was required to accept Mendez’s facts as true, the bare assertion that his wife would suffer exceptional and extremely unusual hardship is a legal conclusion, not a fact. Cf. id. at 786 . Moreover, he claims that she is financially, emotionally, and physically dependent on him and could not accompany him to Mexico. These claims are insufficient standing alone. See Konstantinova v. INS, 195 F.3d 528, 530 (9th Cir.1999) (finding denial of motion to reopen not an abuse of discretion where evidence was “too general” to show prima facie eligibility for relief). The…