UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
January 20, 2011
MARIO ALONSO DELGADO SALAS AND CLAUDIA IVONNE MONTES ESPINOZA, PETITIONERS,
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.
Agency Nos. A079-529-790; A079-529-791
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011*fn2
San Francisco, California Before: BEEZER, TALLMAN and CALLAHAN, Circuit Judges.
Mario Alonso Delgado Salas and Claudia Ivonne Montes Espinoza, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals' denial of their motion to reopen the underlying denial of their application for cancellation of removal based on their failure to establish the requisite hardship to their United States citizen child.
Petitioners introduced new evidence of hardship consisting of evidence that Claudia Espinoza has recently been diagnosed with "antepartum depression," and that she was approximately eighteen weeks pregnant at the time of filing the motion. We conclude that the BIA properly considered the new evidence offered by petitioners, and acted within its broad discretion in determining that the evidence did not establish extreme hardship to a qualifying relative for purposes of cancellation of removal, and therefore was insufficient to warrant reopening. See Sing v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (the BIA's denial of a motion to reopen shall be reversed on if it is "arbitrary, irrational, or contrary to law").
PETITION FOR REVIEW DENIED.