FILED
NOT FOR PUBLICATION AUG 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GERMAN TELLO TORRES; No. 08-72150
ALEJANDRA LUGO LUJANO,
Agency Nos. A096-069-727
Petitioners, A096-069-728
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 2, 2011 **
Before: LEAVY, IKUTA, and N.R. SMITH, Circuit Judges.
German Tello Torres and Alejandra Lugo Lujano, natives and citizens of
Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”)
order denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to reopen.
*
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).
Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We dismiss in part and
deny in part the petition for review.
We lack jurisdiction to review the BIA’s discretionary determination that the
motion to reopen’s additional evidence of hardship was insufficient to establish a
prima facie case of the hardship required for cancellation of removal. See
Fernandez v. Gonzales, 439 F.3d 592, 600-603 (9th Cir. 2006).
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen based on the new evidence regarding violence in Mexico because
petitioners did not demonstrate prima facie eligibility for the relief sought. See
Toufighi, 538 F.3d at 996-97; see also Cano-Merida v. INS, 311 F.3d 960, 965-66
(9th Cir. 2002).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 08-72150