Jose Velasquez-Muro v. Eric Holder, Jr., No. 10-71392 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 28 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE ISABEL VELASQUEZ-MURO, Petitioner, No. 10-71392 Agency No. A099-880-984 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, LEAVY and BYBEE, Circuit Judges. Jose Isabel Velasquez-Muro, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review. * 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). We lack jurisdiction to review the Board s denial of petitioner s motion to reopen, which introduced further evidence of hardship to his permanent resident parents and United States citizen children that did not alter the previous discretionary determination or make out a prima facie case for relief. 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. 2 10-71392

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