Barrios-Bautista

MEMORANDUM **

Petitioner Mayra Nohemi Barrios-Bau-tista, a native and citizen of Guatemala, seeks review of two orders issued by the Board of Immigration Appeals (“BIA”) denying Petitioner’s motions to reopen. We deny the petitions for review in part and dismiss in part.

After a hearing, an immigration judge and, on appeal, the BIA denied Petitioner’s application for cancellation of removal. Petitioner did not request judicial review of that decision. Instead, she later filed two motions to reopen. We review for abuse of discretion the BIA’s denial of a motion to reopen. Siong v. INS, 376 F.3d 1030, 1036 (9th Cir.2004). We review de novo claims of due process violations during removal proceedings. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004).

1. Petitioner’s first motion to reopen contained evidence concerning the same hardship ground as her application for cancellation of removal. The question presented was “essentially the same discretionary issue originally decided.” Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006). Thus, we lack jurisdiction to review the denial of the motion. Id.

2. The BIA did not abuse its discretion in denying Petitioner’s second motion to…