Opinion
No. 15-70416
08-24-2016
NOIME CRUZ, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A089-053-594 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: O'SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Noime Cruz, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252; Garcia v. Holder, 621 F.3d 906, 911 (9th Cir. 2010). We review for abuse of discretion the denial of a motion to reopen, Garcia, 621 F.3d at 912, and we deny the petition for review.
The BIA did not abuse its discretion in denying Cruz's motion to reopen on the ground that the new evidence of hardship to Cruz's legal permanent resident mother was insufficient to establish prima facie eligibility for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 599 (9th Cir. 2006) (the BIA may deny a motion to reopen for failure to establish prima facie eligibility); Garcia, 621 F.3d at 913 ("The 'exceptional and extremely unusual hardship' standard is a very demanding one.").
PETITION FOR REVIEW DENIED.