Susano-Garcia
Susano-Garcia v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated petitions, Teodoro Susano-Garcia seeks review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal, and an order of the BIA denying his motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We dismiss the petition for review in No. 05-71376, and deny the petition for review in No. 05-75274.
We lack jurisdiction to review the agency’s discretionary determination that Susano-Garcia failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003). We do not consider Susano-Garcia’s contentions regarding moral character because his failure to establish hardship is dispositive.
We review for abuse of discretion the denial of a motion to reopen. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002). *700 The BIA did not abuse its discretion by denying Susano-Garcia’s motion to reopen, because the BIA considered the evidence of hardship he submitted and acted within its broad discretion in determining…