FILED
NOT FOR PUBLICATION AUG 19 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROSALBA AQUINO-GARCIA, No. 12-71190
Petitioner, Agency No. A079-539-716
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 14, 2013 **
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
Rosalba Aquino-Garcia, 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 de novo claims of due process violations. Fernandez v. Gonzales, 439 F.3d
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
592, 603 (9th Cir. 2006). We dismiss in part and deny in part the petition for
review.
We lack jurisdiction to review the BIA’s determination that the evidence
Aquino-Garcia submitted with her motion to reopen was insufficient to warrant
reopening and she did not establish prima facie eligibility for relief, where the
evidence presented concerns the same grounds involved in the original
discretionary decision. See id. at 600-01.
Aquino-Garcia’s due process claim fails because the record shows the BIA
considered the hardship to her son and she cannot establish prejudice. See Lata v.
INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail
on a due process claim).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 12-71190