Moran

Moran v. Gonzales

Good Law
171 F. App'x 89
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-75470; Agency No. A41-346-912California332 words

Opinion

Lead Opinion

MEMORANDUM **

Sinue Roberto Moran, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider the BIA’s 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 reconsider, and we review de novo due process claims. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002).

The BIA did not abuse its discretion in denying Moran’s motion to reconsider because Moran identified no error of law or fact in the BIA’s prior determination that his new evidence did not demonstrate prima facie eligibility for relief. See 8 C.F.R. § 1003.2 (b)(1); Iturribarria v. INS, 321 F.3d 889, 895 (9th Cir.2003) (a motion to reconsider must specify the errors of fact or law in the agency’s prior decision). The BIA properly rejected Moran’s contention that it failed to consider all the evidence he presented with his motion to reopen. See Laritar-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir.2000) (holding that absent evidence to the contrary, the BIA is presumed to have considered all the evidence).

Because Moran sought…

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