Diaz

Diaz v. Gonzales

Good Law
196 F. App'x 529
United States Court of Appeals for the Ninth CircuitAugust 3, 2006No. 05-73910California405 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Mendez Diaz and Blanca Leticia Mendez Diaz, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We dismiss in part and deny in part the petition for review.

The evidence petitioners presented with their motion to reopen 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 determination that the evidence submitted with petitioners’ 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 *531 relief does not make out a prima facie case for that relief,” 8 U.S.C. § 1252 (a)(2)(B)(I) bars this court from revisiting the merits).

Petitioners’ due process contentions fail to state a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th…

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