229 F. App'x 540

Javier REA-RAMOS; Yolanda Perez Hernandez, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 06-70702.

United States Court of Appeals, Ninth Circuit.

Submitted April 16, 2007.*

Filed April 24, 2007.

Jonathan M. Kaufman, Esq., San Francisco, CA, for Petitioners.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, DOJ—U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: O’SCANNLAIN, GRABER, and BEA, Circuit Judges.

MEMORANDUM **

Javier Rea-Ramos and Yolanda Perez Hernandez seek review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings. We review for abuse of discretion the denial of a motion to reopen. See Iturribarria v. INS, 321 F.3d 889, 894 (9th *541Cir.2003). We' deny the petition for review.

The BIA did not abuse its discretion by denying the motion to reopen, because the BIA considered the evidence the petitioners submitted and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie eligibility for cancellation of removal. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law”).

The petitioners’ contention that the BIA used the wrong standard in denying their motion is unavailing.

PETITION FOR REVIEW DENIED.

Rea-Ramos v. Gonzales
229 F. App'x 540

Case Details

Name
Rea-Ramos v. Gonzales
Decision Date
Apr 24, 2007
Citations

229 F. App'x 540

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!