Reyes-Velasquez

Reyes-Velasquez v. Gonzales

Good Law
194 F. App'x 474
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-72026California417 words

Opinion

Lead Opinion

MEMORANDUM **

Ana Luisa Reyes-Velasquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

The evidence regarding domestic violence and her older daughter’s language abilities that Reyes-Velasquez presented with her motion to reopen concerned the same basic hardship grounds as her application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir.2006). We therefore lack jurisdiction to review the BIA’s determination that that evidence would not alter its prior discretionary determination that Reyes-Velasquez failed to establish the requisite hardship. See id. at 600 (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 only question presented is whether [the] new evidence altered the prior, underlying discretionary…

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