Reyes-Torres

Ortega-Aguilar v. Holder

Good Law
358 F. App'x 904
United States Court of Appeals for the Ninth CircuitDecember 9, 200906-73870California223 words

Opinion

Opinion

Moisés Ortega-Aguilar, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 845 F.3d 777, 782 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Ortega’s motion to reopen because it considered the evidence submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. 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”).

Ortega’s contention that the BIA failed to explain adequately its reasons for denying the motion to reopen is belied by the record. See Lopez v. Ashcroft, 366 F.3d 799 , 807 n. 6 (9th Cir.2004) (BIA is required to “consider the issues raised, and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted”) (citation omitted).

PETITION FOR…

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