U.S. Court of Appeals for the Ninth Circuit, 2007

Heredia-Santana v. Gonzales

Heredia-Santana v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided April 30, 2007 · Bea, Graber, Scannlain
231 F. App'x 544

Heredia-Santana v. Gonzales

Opinion of the Court

MEMORANDUM **

Lilia Heredia-Santana seeks review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We dismiss the petition for review.

The evidence Heredia-Santana presented with her motion to reopen concerned the same basic hardship grounds as her application for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 602-03 (9th Cir. 2006). We therefore lack jurisdiction to review the BIA’s discretionary determination that the evidence was insufficient to establish a prima facie case of hardship. See id. at 601 (holding that if “the BIA determines that a motion to reopen proceedings in which there has already been an unreviewable discretionary determination concerning a statutory prerequisite to relief does not make out a prima facie case for that relief,” 8 U.S.C. § 1252(a)(2)(B)(i) bars this court from revisiting the merits).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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