Sofia Colop-Gomez v. Eric H. Holder Jr.

MEMORANDUM

Sofia Albertina Colop-Gomez and her children, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Colop-Gomez’s motion to reopen because it considered the record and acted within its broad discretion in determining the evidence was insufficient to warrant reopening. See 8 C.F.R. § 1003.2 (c)(1); INS v. Abudu, 485 U.S. 94, 104-05 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); see also Toufighi, 538 F.3d at 996-97 (underlying adverse credibility determination rendered evidence of changed circumstances immaterial).

We reject Colop-Gomez’s contention that the BIA did not adequately examine her evidence because she has not overcome the presumption that the BIA reviewed the record.…