Torres

Torres v. Gonzales

Good Law
139 F. App'x 834
United States Court of Appeals for the Ninth CircuitJuly 15, 2005No. 04-71727California264 words

Opinion

Lead Opinion

MEMORANDUM **

Jaime Torres and his wife Diha Margarita Beltran Landeros (“Petitioners”), natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen removal proceedings to permit them to renew their application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying reopening because Petitioners failed to establish their prima facie eligibility for cancellation of removal. See 8 C.F.R. § 1003.2 (c)(1) (providing that a motion to reopen “shall be supported by affidavits or other evidentiary material”); Ordonez, 345 F.3d at 785 (holding that prima facie eligibility is demonstrated by a showing that there is a reasonable likelihood that the statutory requirements for relief have been satisfied); see also INS v. Wang, 450 U.S. 139, 143-45 , 101 S.Ct. 1027 , 67 L.Ed.2d 123 (1980) (per curiam) (upholding BIA’s authority to make hardship determinations in context of motions to reopen).

We reject…

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