Segovia-Mares

Segovia-Mares v. Gonzales

Good Law
233 F. App'x 688
United States Court of Appeals for the Ninth CircuitMay 24, 2007No. 05-74806California352 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Segovia-Mares and Maria Luisa Verdin de Segovia, husband and wife, and their daughter, all natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We dismiss the petition for review.

The evidence 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 court from revisiting the merits).

*689 Petitioners’ contention that the BIA violated their due process rights by disregarding their evidence of hardship does not amount to a colorable constitutional claim. See…

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