Joshi

Joshi v. Gonzales

Good Law
143 F. App'x 827
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 04-74234California296 words

Opinion

Lead Opinion

MEMORANDUM **

Minton Lai Joshi, a native and citizen of India, petitions for review of the Board of *828 Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir.2002), and will reverse the BIA’s decision only if it is “arbitrary, irrational, or contrary to law,” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), cert denied, 539 U.S. 941 , 123 S.Ct. 2605 , 156 L.Ed.2d 626 (2003). We deny the petition for review.

Contrary to Joshi’s contention, the BIA properly afforded the materials submitted with the motion to reopen evidentiary weight. Moreover, the BIA acted within its broad discretion in determining that the evidence submitted with the motion, including an affidavit, photograph, and letters from Joshi’s son and the Akali Dal party, was in part cumulative and did not establish prima facie eligibility for asylum, withholding of removal, or relief under the Convention Against Torture. See 8 C.F.R. § 1003.2 (c)(1); Mendez—Gutierrez v. Ashcroft, 340 F.3d 865, 869-70 (9th…

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