Jesus Alberto Estrada- Dominguez v. ERIC H. HOLDER Jr., Attorney General

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
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS ALBERTO ESTRADA-
DOMINGUEZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-71425
Agency No. A078-039-921
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE and FISHER, Circuit Judges.
Jesus Alberto Estrada-Dominguez, a native and citizen of Mexico, petitions
pro se for review of a Board of Immigration Appeals order denying his motion to
reopen or reconsider removal proceedings. We review for abuse of discretion.
FILED
DEC 28 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008). We dismiss in part and deny
in part the petition for review.
We lack jurisdiction to review the Board’s denial of Estrada-Dominguez’s
motion to reopen his application for cancellation of removal, to the extent it
introduced further evidence of hardship to his United States citizen children and
his lawful permanent resident mother already considered by the IJ. 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).
The Board did not abuse its discretion in concluding that new evidence
regarding Estrada-Dominguez’s children was insufficient to warrant reopening.
See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (recognizing that Board’s
denial of motion to reopen shall be reversed only if “arbitary, irrational or contrary
to law”).
The Board did not abuse its discretion in denying Estrada-Dominguez’s
motion to reopen to apply for asylum, withholding of removal or relief under the
Convention Against Torture, because Estrada-Dominguez’s motion was not
accompanied by the “appropriate application for relief” required by 8 C.F.R.
§ 1003.2(c)(1).

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PETITION FOR REVIEW DISMISSED in part, DENIED in part.

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