Guadalupe Martinez Valeriano v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION DEC 28 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GUADALUPE MARTINEZ No. 08-74647 VALERIANO, Agency No. A095-304-155 Petitioner, v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 15, 2009 ** Before: GOODWIN, WALLACE and FISHER, Circuit Judges. Guadalupe Martinez Valeriano, a native and citizen of Mexico, petitions pro se for review of a Board of Immigration Appeals order denying her motion to reopen removal proceedings. * 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). MVD/Inventory We lack jurisdiction to review the Board’s denial of Martinez Valeriano’s motion to reopen, which introduced further evidence and argument regarding hardship to her United States citizen children. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir. 2006) (explaining that § 1252(a)(2)(B)(i) bars jurisdiction when question presented in motion to reopen is essentially the same hardship ground originally decided). PETITION FOR REVIEW DISMISSED. MVD/Inventory 2 08-74647