Arredondo-Aguirre

Arredondo-Aguirre v. Gonzales

Good Law
125 F. App'x 866
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-74748; Agency Nos. A72-664-648, A72-664-649California251 words

Opinion

Lead Opinion

MEMORANDUM ***

Eladio Arredondo-Aguirre and Reyna Cecilia Longoria de Arredondo, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ decision denying them motion to reopen deportation proceedings. To the extent we have jurisdiction, it is conferred by former 8 U.S.C. § 1105a(a). We review a denial of a motion to reopen for abuse of discretion, see de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in concluding that this Court’s decision in Vera-Villegas v. INS, 330 F.3d 1222 (9th Cir.2003) did not compel reopening of Petitioners’ case. In Vera-Villegas , the BIA denied suspension of deportation for failure to establish seven years of continuous physical presence, see id. at 1234-35 , whereas here, the BIA declined to reach the issue of continuous physical presence and instead denied suspension for failure to show extreme hardship.

This Court lacks jurisdiction over Petitioners’ alternative arguments that they are eligible for repapering and that the stop-time rule was improperly applied in their case because the Petitioners failed…

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