Llamas

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) denial of petitioner’s motion to reopen immigration proceedings.

*595 Petitioner provided with her motion to reopen additional evidence of her children’s academic success and the limited availability of special education services in Mexico, which the BIA found to be cumulative of that considered by the immigration judge with her application for cancellation of removal. Because this evidence addressed the same basic hardship grounds previously considered by the agency, this court lacks jurisdiction to review this aspect of the denial of the motion to reopen. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006). Accordingly, respondent’s unopposed motion to dismiss is granted in part.

With regard to the BIA’s denial of petitioner’s motion to reopen to apply for protection under the Convention Against Torture (“CAT”), we conclude the BIA did not abuse its discretion because petitioner did not show she would more likely than not be tortured upon return to Mexico and therefore failed to demonstrate prima facie eligibility for CAT relief. See 8 C.F.R. § 1208.16 (c)(2); Mendez-Gutierrez v.…