Morfin-Bernabe

Morfin-Bernabe v. Gonzales

Good Law
186 F. App'x 761
United States Court of Appeals for the Ninth CircuitJune 21, 2006No. 05-70429California353 words

Opinion

Lead Opinion

MEMORANDUM **

Ignacio Morfin-Bernabe and his wife, Alicia Perez-Lopez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen and reconsider the BIA’s prior order dismissing their appeal from an immigration judge’s denial of cancellation of removal. To the extent we have jurisdiction it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), and dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider the Petitioners’ contention that the BIA erred in concluding that the evidence submitted with their motion to reopen failed to establish the requisite hardship to their United States citizen children. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006) (holding that 8 U.S.C. § 1252 (a)(2)(B)(I) bars this court from reviewing the denial of a motion to reopen where the question presented is whether the new evidence altered the “prior, underlying discretionary determination that [the petitioner] had not met the hardship standard.”) (Internal quotations omitted).

Petitioners’ contention…

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