Alejandro

MEMORANDUM **

The court vacates its September 9, 2008 order. Petitioner’s motion to reinstate the petition for review is granted.

Petitioner’s motion to proceed in forma pauperis is granted.

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order de *647 nying petitioner’s motion to reopen removal proceedings.

We lack jurisdiction to review the agency’s hardship determination. Accordingly, respondent’s motion to dismiss in part this petition for review for lack of jurisdiction is granted. See 8 U.S.C. § 1252 (a)(2)(B)(i); Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir.2006) (concluding that the court lacks jurisdiction to review the BIA’s denial of motion to reopen for failure to establish a prima facie case if a prior adverse discretionary decision was made by the agency).

We review the BIA’s ruling on a motion to reopen for abuse of discretion. Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008). Petitioner failed to submit evidence to support his allegation that one of United States citizen children and his lawful permanent resident mother are suffering from post-traumatic stress syndrome. Therefore, the BIA did not abuse its discretion when it…