Patrocinio Rosales Fish, AKA Patrocinio Jamila Hampac AKA Patrocinio Jamila Palou v. Immigration and Naturalization Service

50 F.3d 14 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patrocinio Rosales FISH, aka Patrocinio Jamila Hampac; aka Patrocinio Jamila Palou, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70741. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1995. * Decided March 17, 1995. 1 Before: SCHROEDER and KLEINFELD, Circuit Judges, and KING, District Judge. ** 2 MEMORANDUM *** 3 Fish argues that the BIA failed to properly consider all of her favorable evidence when it denied the motion to reconsider. We disagree. It considered all the relevant evidence in her favor, and decided in the exercise of its discretion that it was outweighed by the evidence against her. The INS properly did not consider new evidence on her motion for reconsideration; new evidence might provide a ground to reopen, but not to reconsider. A motion for reconsideration is decided based on the facts before the Board at the time it made its original decision. 8…