Mateo

Mateo v. Gonzales

Good Law
142 F. App'x 984
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 03-73180; Agency Nos. A76-357-033, A76357-034, A76-357-035, A76357-036, A76-357-037California294 words

Opinion

Lead Opinion

MEMORANDUM **

Hermelo Vasquez Mateo, his wife Jacinta Maria Cruz Garcia, and their three children, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reconsider the denial of their application for cancellation of removal and *985 motion to reopen proceedings based on new evidence. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen or reconsider. INS v. Doherty, 502 U.S. 314, 323-34 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992). We deny the petition for review.

Contrary to the petitioners’ contention, the BIA did not err by denying the motion to reconsider because its interpretation of the exceptional and extremely unusual hardship standard found in 8 U.S.C. § 1229b(b) fell within the broad range of acceptable interpretations. See Ramirez-Perez v. Ashcroft, 336 F.3d 1001, 1006 (9th Cir .2003).

The BIA did not abuse its discretion by denying the petitioners’ motion to reopen because the BIA considered the additional evidence submitted and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie…

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