Onate

MEMORANDUM ***

Elias Soto Onate, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings and its order denying his motion to reconsider the denial of reopening. To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and a motion to reconsider, and review de novo questions of law and alleged due process violations. Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended, by 404 F.3d 1105 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

The evidence Soto Onate presented with his motion to reopen concerned the same basic hardship grounds as his 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 discretionary determination that the evidence 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…