213770P.pdf   11/16/2022  Jose Llanas-Trejo  v.  Merrick B. Garland
   U.S. Court of Appeals Case No:  21-3770
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Erickson and Kobes, Circuit Judges] 
   Petition for Review - Immigration. The court has jurisdiction to review 
   the denial of a motion to reopen for abuse of discretion; in considering 
   the petitioner's motion to reopen on the issue of hardship, the agency 
   erred in its analysis of the evidence of an injury to the mother of the 
   petitioner's children, as her injury was relevant to the issue of the 
   hardship the children would suffer if petitioner was removed; however, the 
   agency did not err in determining that petitioner had failed to 
   demonstrate prima facie eligibility for relief as he failed to overcome 
   the presumption that an applicant for hardship with multiple DUI 
   convictions lacks good moral character - see Matter of Castillo-Perez, 27 
   I&N Dec. 664 (AG 2019); as a result, the BIA did not abuse its discretion 
   in holding petitioner failed to make a prima facie showing of good moral 
   character with the filing of his motion to reopen.