Gabriela Mancio v. Eric Holder, Jr.

MEMORANDUM

Gabriela Mancio, a native and citizen of Mexico, petitions 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, and review de novo claims of due process violations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Mancio’s motion to reopen to the extent it concerns the same basic hardship grounds as her original application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006) (holding that 8 U.S.C. § 1252 (a)(2)(B)(i) bars this court from reviewing the denial of a motion to reopen where “the only question presented is whether [the] new evidence altered the prior, underlying discretionary determination that [the petitioner] had not met the hardship standard.” (internal quotations and brackets omitted)).

To the extent Mancio presented noncumulative evidence of hardship to her mother and youngest son, the BIA did not abuse its discretion in denying the motion…