Favela

MEMORANDUM **

Armando Del Valle Favela, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“Board”) denial of his motion to reopen removal proceedings. We dismiss the petition for review.

The evidence petitioner presented with his motion to reopen concerned the same basic hardship grounds as his 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 Board’s discretionary determination that the evidence would not alter its prior discretionary determination that petitioner 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 determination that [the petitioner] had not met the hardship standard.”) (internal quotations and brackets omitted).

Petitioner’s contention that the Board violated due process by speculating about the evidence and making a medical judgment is not supported by the record and does not amount to a…