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NOT FOR PUBLICATION JAN 19 2010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.
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