Alvarado

Alvarado v. Gonzales

Good Law
195 F. App'x 625
United States Court of Appeals for the Ninth CircuitAugust 1, 2006No. 05-70621California285 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Lopez Alvarado and Claudia Ramos Alvarado, husband and wife and natives and citizens of Mexico, petition for *626 review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to remand removal proceedings. We dismiss the petition for review.

The evidence petitioners presented with their motion to remand concerned the same basic hardship grounds as their 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 discretionary determination that the evidence petitioners submitted would not alter its prior discretionary determination that they 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); see also Ramirez-Alejandre v. Ashcroft, 319 F.3d 365, 382 (9th Cir.2003) (“Under BIA procedure, a motion to remand must…

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