Roberto Angel Gonzalez-Ayala v. Immigration and Naturalization Service

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roberto Angel GONZALEZ-AYALA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70459. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided Dec. 13, 1995. Before: PREGERSON, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Roberto Gonzalez-Ayala petitions for review of the Board of Immigration Appeals' (BIA's) denial of his motion to reopen his deportation proceeding. We have jurisdiction under 8 U.S.C. Sec. 1105a(a) and we deny the petition. 3 We review the BIA's denial of a motion to reopen deportation proceedings for abuse of discretion. Delmundo v. INS, 43 F.3d 436, 439 (9th Cir.1994). "Under the abuse of discretion standard, the decision of the BIA 'will be upheld unless it is arbitrary, irrational, or contrary to law.' " Padilla-Agustin v. INS, 21 F.3d 970, 973 (9th Cir.1994) (quoting Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir.1985)). 4 To…