De La Cruz De Guzman v. Immigration & Naturalization Service

MEMORANDUM **

Renato De La Cruz De Guzman, a native and citizen of the Philippines, petitions this court for review of a Board of Immigration Appeals (BIA) decision dismissing his appeal of an Immigration Judge’s (IJ’s) denial of his motion to reopen his deporta *861 tion proceedings. The BIA issued its decision after October 31, 1996, and proceedings commenced before April 1, 1997. We therefore have jurisdiction under former Section 106(a) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a), as modified by the transitional rules set forth in Section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009-546 (“IIRIRA”). Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997).

We review for abuse of discretion the BIA’s denial of a motion to reopen. So-cop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir.2001) (en banc). Because the BIA did not abuse its discretion in this case, we deny Mr. De Guzman’s petition for review. As the parties are familiar with the facts, we discuss only those necessary to our analysis.

At a hearing held on April 12, 1996, Mr. De Guzman elected not to pursue his application for asylum…