Medina

MEMORANDUM **

Martin Medina Medina and Humberta Perez De Medina seek review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings (No. 06-71802), and its subsequent denial of the motion to reconsider that decision (No. 06-73196). Reviewing for abuse of discretion, see Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), we dismiss in part and deny in part the petition for review in No. 06-71802, and deny the petition for review in No. 06-73196.

The evidence the petitioners presented with their motion to reopen concerned the same basic hardship grounds as their 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 concerning a statutory prerequisite to relief does not make out a prima facie case for that relief,” 8 U.S.C. § 1252 (a)(2)(B)(i) bars this…