Palacios

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioners’ motion to reopen.

Respondent’s motion to dismiss and for summary disposition is granted. This petition for review is dismissed in part and denied in part.

To the extent petitioners seek review of the BIA’s denial of their motion to reopen to present new evidence, the petition for review is dismissed because this court lacks jurisdiction to review the BIA’s discretionary determination that the new evidence presented by the petitioners would alter the BIA’s prior finding that petitioners failed to establish that their removal would result in exceptional and extremely unusual hardship to their qualifying relatives. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir.2006).

To the extent petitioners seek review of the BIA’s denial of their motion to reopen to consider whether the IJ erred in finding petitioner Juan Lopez Palacios ineligible for cancellation, the petition for review is denied, because petitioner Juan Lopez Palacios has suffered a conviction under California Penal Code § 273.5(a), a domestic violence offense under 8 U.S.C. § 1227 (a)(2)(E). See 8…