Ontiveros De Cano v. Gonzales

MEMORANDUM **

In this consolidated appeal, Gilberto Cano Lozoya and Alma Minerva Ontiveros De Cano, husband and wife, and natives and citizens of Mexico, challenge the Board of Immigration Appeals’ (BIA) denial of their petition to reopen their application for suspension of deportation due to extreme hardship to their United States citizen children.

1. We lack jurisdiction over this petition challenging the BIA’s discretionary denial of the motion to reopen for further consideration of their application for suspension of deportation, because 8 U.S.C. § 1252 (a)(2)(B)(i) “bars jurisdiction ... to review the denial of a motion to reopen that pertains only to the merits basis for a previously-made discretionary determination under [8 U.S.C. § 1229b].” 1 Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006). As in Fernandez , Petitioners’ proffered additional evidence was “either cumulative or pertained to the inevitable passage of time between [the] removal hearing and the BIA’s adjudication of [the] appeal,” and, therefore, “did not alter the core of [their] claim,” precluding jurisdiction. Id. at 603 .

2. We also lack jurisdiction over petitioners’ claim that the BIA abused…