U.S. Court of Appeals for the Ninth Circuit, 2010

Alvarado v. Holder

Alvarado v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 19, 2010 · Beezer, Trott, Bybee
362 F. App'x 704

Alvarado v. Holder

Opinion

MEMORANDUM **

Martha Alvarado (“Alvarado”) and her daughter Martha Angelica Alvarado, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We dismiss the petition for review.

The evidence petitioners presented with their motion to reopen concerned the same basic hardship grounds as Alvarado’s 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.

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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