Gaytan-Mariscal

Gaytan-Mariscal v. Gonzales

Good Law
196 F. App'x 542
United States Court of Appeals for the Ninth CircuitAugust 3, 2006No. 05-74876California376 words

Opinion

Lead Opinion

MEMORANDUM **

Husband and wife Juan Gaytan-Mariscal and Ofelia Hernandez-Martin, and their daughters Mayra Leticia GaytanHernandez and Erika Fabiola Gaytan-Hernandez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. 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.

To the extent the evidence presented with petitioners’ motion to reopen concerned the same basic hardship grounds as theú application for cancellation of removal, we lack jurisdiction to review the BIA’s determination that the evidence was insufficient to establish a prima facie case of hardship. See Fernandez v. Gonzales, 439 F.3d 592, 601-03 (9th Cir.2006) (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. *544 § 1252 (a)(2)(B)(I) bars this court from revisiting the…

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