Soto

Soto v. Holder

Good Law
396 F. App'x 349
United States Court of Appeals for the Ninth CircuitSeptember 21, 2010No. 09-72198California298 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Alfonso Escobedo Soto, his wife Jovita Escobedo, and their daughter Anel Yesenia Escobedo Moreno, natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals denying their fifth motion to reopen the underlying denial of their application for cancellation of removal, and seeking to renew their applications for asylum, withholding of removal, and relief under the Convention Against Torture based on changed country conditions in Mexico.

We lack jurisdiction to review the BIA’s discretionary determination that petitioners failed to establish exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

Petitioners’ renewed claim for asylum, withholding of removal, and protection under CAT, based on changed country conditions, failed to present evidence of changed country conditions in Mexico that are material to petitioners and their circumstances. See 8 C.F.R. § 1003.2 (c)(3)(h); Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir.2008) (requiring movant to produce previously unavailable evidence of changed country conditions that are material to…

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