Hernandez-Hernandez
Hernandez-Hernandez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Joel Hernandez-Hernandez and his wife, Jacinta Cortes-Sernas, natives and *119 citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider the BIA’s decision denying their motion to reopen removal proceedings based on new evidence. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Petitioners’ motion to reconsider because Petitioners did not demonstrate legal or factual error in the BIA’s denial of their motion to reopen. See 8 C.F.R. § 1003.2 (b)(1). The BIA properly rejected Petitioners’ contention that it failed to consider all the evidence they presented with their motion to reopen. See Laritcir-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir.2000) (holding that absent evidence to the contrary, the BIA is presumed to have considered all the evidence).
We lack jurisdiction to consider Petitioners’ contention that Cortes-Sernas has an approved visa petition, because Petitioners failed to raise this…