Flores

Flores v. Mukasey

Good Law
309 F. App'x 196
United States Court of Appeals for the Ninth CircuitJanuary 20, 2009No. 07-73778California243 words

Opinion

Lead Opinion

MEMORANDUM **

Lemuel Villalobos Flores and Nancy Elizabeth Ceballos Guadarrama, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

The evidence Petitioners presented with their motion to reopen concerned the same basic hardship grounds as their applications for cancellation of removal. We therefore lack jurisdiction to review the BIA’s discretionary determination that the evidence was insufficient to establish a prima facie case of hardship. See Fernandez v. Gonzales, 439 F.3d 592, 601-03 (9th Cir.2006).

Petitioners’ contention that the BIA denied them due process by failing to consider the entirety of the evidence they submitted fails because they have not overcome the presumption that the BIA did review the record. See id. at 603 .

*198 Petitioners’ contention that the BIA deprived them of due process by misapplying the law to the facts of their case does not state a colorable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926,…

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