Reyes-Garcia

MEMORANDUM **

Maria Elena Reyes-Garda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider and reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and reconsider, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

To the extent Reyes-Garda attempted to present new information in her motion to reconsider, the BIA did not abuse its discretion in construing that part of her motion as a motion to reopen, and denying it on the grounds that Reyes Garcia failed to present evidence to support any of her contentions. See 8 C.F.R. § 1003.2 (c)(1) (providing that a motion to reopen “shall be supported by affidavits or other evidentiary material”).

Reyes-Garcia’s contention that the BIA violated her due process rights by disregarding her evidence of hardship is not supported by the record and does not amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).

In her opening brief, Reyes-Garcia fails to address, and therefore has…