JILMER GARCIA ORTIZ and ARCENIA GARCIA 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JILMER GARCIA ORTIZ and ARCENIA
GARCIA,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73483
Agency Nos. A070-938-143
A097-347-147
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS and GOULD, Circuit Judges.
Jilmer Garcia Ortiz, a native and citizen of Guatemala, and Arcenia Garcia, a
native and citizen of Mexico, husband and wife, petition for review of the decision
of the Board of Immigration Appeals, denying their motion to reopen removal
FILED
JUN 29 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73483 2
proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the BIA’s denial of a motion to reopen, Garcia v. Holder, 621 F.3d 906,
912 (9th Cir. 2010), and we deny the petition for review.
Petitioners submitted additional new evidence of hardship to their United
States citizen son, Jason, to support their application for cancellation of removal.
The BIA considered the evidence that Jason was diagnosed with Attention Deficit
Hyperactivity Disorder and his involvement with an Individualized Education
Program. We conclude that the BIA did not abuse its discretion in denying
petitioners’ motion to reopen on the ground that the new evidence was insufficient
to establish the requisite hardship, and prima facie eligibility for cancellation of
removal. See id. at 912-13.
PETITION FOR REVIEW DENIED.

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