Sagrado

MEMORANDUM

Petitioner Ruby Rosario Amarillo Sagra-do (“Petitioner,” or “Sagrado”), a native and citizen of the Philippines, petitions for review of the December 30, 2004, decision of the Board of Immigration Appeals (“BIA”) denying Petitioner’s motion to reopen her removal proceedings. Previously, the BIA summarily affirmed an order by the Immigration Judge (“IJ”) removing Sagrado on grounds that she had illegally entered the United States and entered into a fraudulent marriage for the purpose of procuring a visa. Sagrado argues that the BIA abused its discretion by denying her motion to reopen. She asserts not only that her appeal should be reopened, but also that it should be consolidated with her husband’s appeal of the denial of the 1-130 visa petition that he submitted on her behalf.

This court reviews BIA rulings on motions to reopen for abuse of discretion and will reverse only if the BIA acted arbitrarily, irrationally, or contrary to law. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005) (citations omitted). Factual findings are reviewed only for substantial evidence, while questions of law are reviewed de novo. Id. at 791-92 .

This court ostensibly has…