Lazcano

Lazcano v. Gonzales

Good Law
158 F. App'x 854
United States Court of Appeals for the Ninth CircuitDecember 14, 2005No. 04-73734California272 words

Opinion

Lead Opinion

MEMORANDUM **

Umberto Navarro Lazcano, Maria Mercedes Zaragoza Hernandez, Sonia Elizabeth Navarro Zaragoza, and Alvaro Alejandro Navarro Zaragoza, natives and *855 citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of their motion to reopen following in absentia orders of removal. We have jurisdiction under 8 U.S.C. § 1252 . See Lo v. Ashcroft, 341 F.3d 934, 936 (9th Cir.2003). We review for abuse of discretion. See Celis-Castellano v. Ashcroft, 298 F.3d 888 , 890—91 (9th Cir.2002). We deny the petition for review.

The IJ acted within his discretion in denying the motion to reopen. The note from Zaragoza Hernandez’s doctor does not describe the nature of her visit, the treatment sought, or the severity of her condition. Moreover, the motion to reopen was not supported by any other evidence— e.g., declarations or affidavits. Cf Maroufi v. INS, 772 F.2d 597, 600 (9th Cir.1985) (“The BIA is required to accept as true the facts stated in an alien’s affidavit in ruling upon his motion to reopen unless it finds those facts to be inherently unbelievable.”) (internal quotation marks omitted). In…

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