Vasquez-Sandoval

Vasquez-Sandoval v. Ashcroft

Good Law
79 F. App'x 272
United States Court of Appeals for the Ninth CircuitOctober 20, 2003No. 02-71699California667 words

Opinion

Lead Opinion

MEMORANDUM **

Josefa Vasquez-Sandoval, a native and citizen of El Salvador, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of her motion to reopen deportation proceedings. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th *274 Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for abuse of discretion the denial of a motion to reopen. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We grant in part and deny in part the petition for review, and remand for further proceedings.

The IJ did not abuse her discretion by denying Vasquez-Sandoval’s motion to reopen to seek relief under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) because Vasquez-Sandoval did not file her application for suspension of deportation by the November 18, 1999 deadline. See 8 C.F.R. § 3.43 (e)(2) (2001).

Vasquez-Sandoval contends that she was precluded from timely filing her NA-CARA application for suspension of deportation because the immigration court could not find her case in its database and therefore would not accept documents…

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