TELLO RESENDIZ v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Jose TELLO-RESENDIZ, aka Jose Resendiz Tello, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-72587

Decided: May 23, 2019

Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.

John E. Ricci, Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Gregory Michael Kelch, Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Jose Tello-Resendiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s denial of Tello-Resendiz’s motion to reopen because the new evidence he presented concerns similar hardship grounds previously relied upon to support his application for cancellation of removal. See Garcia v. Holder, 621 F.3d 906, 911 (9th Cir. 2010) (this court’s jurisdiction to review the BIA’s denial of a motion to reopen is limited to cases in which petitioner presents new evidence that “is so distinct from that considered previously as to make the motion to reopen a request for new relief itself, rather than for reconsideration of a prior denial” (citation and internal quotation marks omitted)).

PETITION FOR REVIEW DISMISSED.

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