FILED
NOT FOR PUBLICATION DEC 22 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALBERTO GONZALEZ ROSALEZ; No. 07-70760
MARTHA ALICIA BACILIO; et al.,
Agency Nos. A095-177-575
Petitioners, A095-177-576
A078-112-622
v.
ERIC H. HOLDER Jr., Attorney General, MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Alberto Gonzalez Rosalez, Martha Alicia Bacilio, and their child, natives
and citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to remand. We have jurisdiction under 8
*
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).
LA/Research
U.S.C. § 1252. We review for abuse of discretion the denial of a motion to remand
and review de novo due process claims alleging ineffective assistance of counsel.
Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part
and dismiss in part the petition for review.
We agree with the BIA that the petitioners failed to demonstrate ineffective
assistance of counsel. See Lin v. Ashcroft, 377 F.3d 1014, 1027 (9th Cir. 2004).
In the motion to remand, petitioners presented evidence that Martha had
given birth to twins, but did not claim that the new children would suffer hardship.
The remaining evidence presented with the motion to reopen concerned the same
basic hardship grounds as their application for cancellation of removal. We
therefore lack jurisdiction to review the BIA’s discretionary determination that the
evidence would not alter its prior discretionary determination that petitioners failed
to establish the requisite hardship. See Fernandez v. Gonzales, 439 F.3d 592, 600
(9th Cir. 2006).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
LA/Research 2 07-70760