Enriquez

Enriquez v. Holder

Good Law
342 F. App'x 361
United States Court of Appeals for the Ninth CircuitAugust 17, 2009No. 08-71116California297 words

Opinion

Lead Opinion

MEMORANDUM **

Filiberto Vega Enriquez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Vega Enriquez’s motion to reopen *362 because he did not demonstrate prima fa-cie eligibility for relief under the Convention Against Torture. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 869-70 (9th Cir.2003) (“prima facie eligibility for the relief sought is a prerequisite for the granting of a motion to reopen”).

Because Vega Enriquez’s evidence regarding educational hardship pertained to the same hardship grounds previously considered by the agency in connection with the denial of cancellation of removal, we lack jurisdiction to review this aspect of the denial of the motion to reopen. See Fernandez v. Gonzales, 439 F.3d 592, 600-03 (9th Cir.2006). To the extent Vega Enriquez’s motion to reopen rests upon hardship…

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