Fernandez-Monterroso

Fernandez-Monterroso v. Immigration & Naturalization Service

Good Law
53 F. App'x 442
United States Court of Appeals for the Ninth CircuitDecember 10, 2002Nos. 01-71398, INS A71-608-382California368 words

Opinion

Lead Opinion

MEMORANDUM **

Wilson Rene Fernandez-Monterroso petitions for review of a final order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen exclusion proceedings. We have jurisdiction under 8 U.S.C. § 1105 (a) and we deny the petition.

I.

To qualify for reopening, the applicant must show that previously unavailable material evidence establishes prima facie eligibility for the requested relief, Ghadessi v. INS, 797 F.2d 804 , 805 n. 2 (9th Cir. 1986), which in the context of an asylum claim has been defined as evidence which raises a sufficiently serious question concerning the applicant’s fate to warrant a more thorough consideration of his claim. Samimi v. INS, 714 F.2d 992, 995 (9th Cir.1983). We review for abuse of discretion the BIA’s denial of a motion to reopen. Eide-Kahayon v. INS, 86 F.3d 147, 149 (9th Cir.1996) (citing INS v. Abudu, 485 U.S. 94, 105 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988)). We will not disturb the BIA’s ruling unless the BIA has acted arbitrarily, irrationally, or contrary to law. Id.

II.

Fernandez contends that the BIA’s determination that the threats received by his brother were “relatively implausible” was contrary to law and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.