Tortoledo

MEMORANDUM **

Moisés Tortoledo, a native and citizen of Mexico, petitions pro se for review of the decision of the Board of Immigration Appeals denying his motion for leave to file a late motion to reopen seeking to challenge the underlying denial of his application for cancellation of removal based on petitioner’s failure to establish the requisite extreme hardship to his qualifying relatives. The BIA initially denied petitioner’s motion to reopen because it was filed one day late. The BIA subsequently denied petitioner’s request to file a late motion to reopen, and alternatively, held that the new evidence did not make a prima facie showing of the requisite level of hardship to warrant reopening.

Petitioner contends that his new evidence of hardship provided a prima facie case for his cancellation application. Petitioner offered new evidence of hardship that his United States citizen daughter was experiencing academic difficulties. We conclude that the BIA considered the new evidence, and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (the BIA’s denial of motion to…