Tuadles

MEMORANDUM *

Minnie Alcover Tuadles (“Tuadles”), a citizen of the Philippines, petitions for review of the Board of Immigration Appeal’s (“BIA”) denial of her motion to reopen. Tuadles asserts the BIA erred because she demonstrated “exceptional circumstances” excusing her failure to depart, and because the BIA’s denial of her motion to reopen violated her constitutional rights.

This court reviews denials of motions to reopen for an abuse of discretion. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890-91 (9th Cir.2002). When the BIA reviews the Immigration Judge’s decision de novo, our review is limited to the BIA’s decision. Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). The BIA’s factual findings are reviewed under the substantial evidence standard, and questions of law are reviewed de novo. Kamalthas v. INS, 251 F.3d 1279, 1281-82 (9th Cir.2001). The BIA’s ruling should not be disturbed unless it acted arbitrarily, irrationally, or contrary to law. Celis-Castellano, 298 F.3d at 891 .

I. “Exceptional Circumstances” Claim

The BIA denied Tuadles’s motion to reopen on the ground that under INA § 242(e)(2)(A), Tuadles’s failure to comply with her voluntary departure order…