U.S. Court of Appeals for the Ninth Circuit, 2009

Chavez v. Holder

Chavez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided August 17, 2009 · Ikuta, Kleinfeld, Smith
342 F. App'x 348

Chavez v. Holder

Opinion of the Court

MEMORANDUM **

Jose Juan Barajas Chavez and his wife, Norma Barajas, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their 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, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we dismiss the petition for review.

Barajas Chavez presented no evidence with the motion other than the arguments made in the motion itself, which, inter alia, concerned the same basic and dispos-itive hardship grounds as their applications for cancellation of removal. This court therefore lacks jurisdiction to review the BIA’s discretionary determination that the evidence would not alter its prior discretionary determination that they failed to establish the requisite hardship. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir. 2006) (8 U.S.C. § 1252(a)(2)(B)® 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).

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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