Maricruz Avila-Gutierrez v. Eric Holder, Jr.

MEMORANDUM

Maricruz Avila-Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Avila-Gutierrez’ motion to reopen as a matter of discretion, where the agency considered, both the positive and negative factors presented in her case and determined that she was not entitled to a favorable exercise of discretion. See Zheng v. Holder, 644 F.3d 829, 833 (9th Cir.2011) (in determining whether to exercise its discretion in favor of a petitioner, the agency must consider “all relevant factors inelud[ing] taking into account both negative and positive circumstances relevant to each [petitioner” (citation and internal quotation marks omitted)).

We lack jurisdiction to consider Avila-Gutierrez’ contentions regarding her re-movability, where…