Ramirez

Ramirez v. Gonzales

Good Law
158 F. App'x 797
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-74476California238 words

Opinion

Lead Opinion

MEMORANDUM **

Martin Valdez Ramirez and Maria Lore-to Alvarado Valdez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of *798 their motion to reopen their applications for cancellation of removal. We have jurisdiction to review the BIA’s denial of petitioners’ motion to reopen. See Zazueta-Carrillo v. Ashcroft, 322 F.3d 1166, 1169-70 (9th Cir.2003). We review for an abuse of discretion, Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005), and deny the petition for review.

Petitioners were required to present evidence that was unavailable or undiscoverable at their hearing. See id. at 984 . However, even assuming that the unverified assertions in petitioners’ motion to reopen and letters are “evidence” for purposes of a motion to reopen, they are insufficient. Nothing suggests that their son’s medical condition was not previously known. Indeed, petitioners’ appeal brief to the BIA, filed seven months after the hearing, alleging a “continuous medical problem,” suggests the contrary. Cf. id. at 987 . So do their statements in the motion to reopen to the effect that he suffers from a “life long” condition. Cf. id. The BIA,…

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