Tejeda-Manzanarez

Tejeda-Manzanarez v. Gonzales

Good Law
193 F. App'x 719
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 04-74300California277 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Tejeda-Manzanarez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss in part and deny in part the petition for review.

The evidence Tejeda-Manzanarez presented with his motion to reopen concerned the same basic hardship grounds as his application for suspension of deportation. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir.2006). We therefore lack jurisdiction to review the BIA’s discretionary determination that the evidence submitted with Tejeda-Manzanarez’s motion to reopen was insufficient to establish a prima facie case of hardship. See id. at 601 (holding that if “the BIA determines that a motion to reopen proceedings in which there has already been an unreviewable discretionary determination concerning a statutory prerequisite to relief does not make out a prima facie case for that relief,” 8 U.S.C. § 1252 (a)(2)(B)©…

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