Alvarado v. Holder

FILED NOT FOR PUBLICATION JAN 19 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARTHA ALVARADO; MARTHA No. 06-75546 ANGELICA ALVARADO, Agency Nos. A095-198-530 Petitioners, A095-448-771 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 11, 2010 ** Before: BEEZER, TROTT, and BYBEE, Circuit Judges. Martha Alvarado (“Alvarado”) and her daughter Martha Angelica Alvarado, natives and citizens of Mexico, petition for review of the Board of Immigration * 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 is case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). JTK/Research 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. JTK/Research 2 06-75546