Mateo

Mateo v. Gonzales

Good Law
157 F. App'x 17
United States Court of Appeals for the Ninth CircuitNovember 16, 2005No. 03-70566California260 words

Opinion

Lead Opinion

MEMORANDUM **

Gaspar Andres Mateo, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings and motion to reconsider the BIA’s order summarily affirming an immigration judge’s (“IJ”) order denying Mateo’s applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review denials of motions to reopen or reconsider for abuse of discretion, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (2005), and we deny the petition for review.

The BIA properly denied Mateo’s motion for reconsideration because it failed to identify any legal or factual errors in the underlying decision. See 8 U.S.C. § 1229a(c)(6)(C); see also Iturribarria v. INS, 321 F.3d 889, 895-96 (9th Cir.2003) (motion to reconsider must be accompanied by a statement of reasons and supported by pertinent authority).

The BIA also properly denied Mateo’s motion to reopen because, in the absence of evidence addressing the IJ’s adverse credibility determination, the motion *18 did not establish prima facie eligibility for asylum or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.