Villafan

Villafan v. Gonzales

Good Law
126 F. App'x 402
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-74596; Agency Nos. A76-360-161, A76-366-357California278 words

Opinion

Lead Opinion

MEMORANDUM ***

Atanasio Camacho Villafan and his wife, Laura Sofia Saavedra de Camacho, natives *404 and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motions to reconsider and to reopen based on changed circumstances. We deny the petition for review.

We lack jurisdiction to consider Petitioners’ contention that the BIA gave insufficient weight to evidence of their daughter’s psychological health because it does not raise a colorable due process claim. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001) (“[t]o be colorable ... the claim must have some possible validity”).

The BIA’s decision to deny Petitioners’ motion to reopen was not arbitrary, irrational or contrary to law. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002). In support of their motion to reopen, Petitioners submitted evidence of their U.S. citizen daughter’s psychological health. The BIA acted within its broad discretion in concluding that the evidence was insufficient to establish eligibility for cancellation of removal. See id.

The BIA did not abuse its discretion in denying Petitioners’ motion for reconsideration because they failed to…

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