Guadalupe Martinez Valeriano v. Eric H. Holder Jr. , 361 F. App'x 744 ( 2009 )

FILED
NOT FOR PUBLICATION DEC 28 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GUADALUPE MARTINEZ No. 08-74647
VALERIANO,
Agency No. A095-304-155
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE and FISHER, Circuit Judges.
Guadalupe Martinez Valeriano, a native and citizen of Mexico, petitions pro
se for review of a Board of Immigration Appeals order denying her motion to
reopen removal proceedings.
*
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
We lack jurisdiction to review the Board’s denial of Martinez Valeriano’s
motion to reopen, which introduced further evidence and argument regarding
hardship to her United States citizen children. 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).
PETITION FOR REVIEW DISMISSED.
MVD/Inventory 2 08-74647