Mendoza

MEMORANDUM **

Miguel Angel Carretero Mendoza and Dora Barcenas De Carretero, husband and wife and natives and citizens of Mexico, petition pro se for review of the decision of the Board of Immigration Appeals denying petitioners’ motion to reopen the underlying denial of their application for cancellation of removal.

In the underlying decision, the immigration judge denied the application on the ground that petitioners failed to establish exceptional and extremely unusual hardship to their United States citizen children. In the motion to reopen, petitioners submitted additional evidence that one of their children had educational difficulties. The BIA denied the motion on the grounds that: the document submitted by petitioners was not previously unavailable; the additional evidence merely confirmed petitioner’s prior testimony; and petitioners did not establish the requisite exceptional and extremely unusual hardship.

We retain jurisdiction to review the BIA’s determination that the new evidence was previously available, see Fernandez v. Gonzales, 439 F.3d 592 , 600 n. 7 (9th Cir.2006); but we conclude that the BIA did not abuse its discretion in denying petitioners’ motion to…