Basurto-Pacheco

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ (“BIA”) denial of a motion to reopen proceedings after the BIA found petitioners ineligible for cancellation of removal.

The BIA declined to exercise its discretionary authority to grant petitioners’ motion to reopen sua sponte. This court does “not have jurisdiction to review the BIA’s refusal to reopen deportation proceedings sua sponte,” Ekimian v. INS, 303 F.3d 1153, 1160 (9th Cir.2002), and this aspect of the petition must be dismissed.

We also dismiss the aspect of the petition challenging the denial of petitioners’ request for remand to the immigration judge. This court lacks jurisdiction over this because the BIA determined in its discretion that the evidence provided was insufficient to establish a prima facie case of hardship. Cf. Fernandez v. Gonzales, 439 F.3d 592, 601-03 (9th Cir.2006); see Castillo-Perez v. INS, 212 F.3d 518 , 525 & n. 7 (9th Cir.2000) (equating motions to remand and motions to reopen).

*506 Finally, the BIA did not abuse its discretion in denying petitioners’ motion to reopen, filed more than two years after the BIA’s final order of removal, because the motion to…