The Fifth Circuit has determined that it does not have jurisdiction to review the agency’s denial of a motion to reopen based on the movant’s failure to make a prima facie showing of the required hardship for cancellation of removal. “The BIA’s denial of her motion based on its conclusion that she failed to establish a prima facie case for the underlying relief of cancellation of removal is tantamount to a discretionary decision on the merits barred by § 1252(a)(2)(B)(i).”
The full text of Parada-Orellana v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/19/19-60645-CV0.pdf
UPDATE: The court, on rehearing, has issued an amended opinion, withdrawing its jurisdictional analysis, but finding that Parada-Orellana did not make a prima facie showing of hardship:
https://www.ca5.uscourts.gov/opinions/pub/19/19-60645-CV1.pdf