Noime Cruz v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NOIME CRUZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 15-70416
Agency No. A089-053-594
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 24 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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