Montalvo

MEMORANDUM **

Petitioners Jose Rosario Gonzalez Montalvo, Martina De La Cruz Gonzalez, Eric Fernando Gonzalez De La Cruz, Pedro *688 Alberto Gonzalez De La Cruz, and Catalina Guadalupe Gonzalez De La Cruz petition the court for review of the Board of Immigration Appeals’ (“BIA”) decision denying their motion to reopen. Because petitioners’ motion to reopen did not include new facts to be proven at the reopened hearing and was not supported by affidavits or other documentary evidence, the BIA did not abuse its discretion in construing the motion as one to reconsider. See 8 C.F.R. § 1003.2 (c)(1).

The BIA did not abuse its discretion in denying petitioners Jose Rosario Gonzalez Montalvo and Martina De La Cruz Gonzalez’s motion to reopen, because they failed to present new evidence of hardship to their United States citizen children. Accordingly, the petition for review is .dismissed as to petitioners Jose Rosario Gonzalez Montalvo and Martina De La Cruz Gonzalez, because they seek review of essentially the same discretionary issue originally decided by the BIA and because this court lacks jurisdiction to conduct such review. See Fernandez v. Gonzales, 439 F.3d 592 (9th…