Maria Azucena Benavidez v. Eric Holder, Jr.

MEMORANDUM

Maria Azucena Benavidez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Benavidez’s motion to reopen where Benavidez failed to submit any newly available, material evidence of hardship. See 8 C.F.R. § 1003.2 (c)(1). Contrary to Benavidez’s assertions in her motion to reopen, no medical evidence relevant to the hardship to her qualifying relatives was submitted with her motion.

The BIA also did not abuse its discretion in denying Benavidez’s motion to reopen on the ground that she waived her allegations of ineffective assistance of counsel. See Toquero v. INS, 956 F.2d 193, 196 (9th Cir.1992).

We lack jurisdiction to consider Benavi-dez’s contention that her case warrants a favorable exercise of prosecutorial discretion. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th…