Moreno-Suarez

Moreno-Suarez v. Gonzales

Good Law
171 F. App'x 607
United States Court of Appeals for the Ninth CircuitMarch 17, 2006Nos. 04-74179, 04-74181California321 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Moreno-Suarez and Maria Leonila Alvarado-Flores, husband and wife natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“Board”) denial of their motion to reopen or reconsider the Board’s earlier summary affirmance of an immigration judge’s denial of their applications for cancellation of removal. We grant in part and deny in part the petitions for review.

As an initial matter, the government contends that we lack jurisdiction over these petitions for review, pursuant to 8 U.S.C. § 1252 (a)(2)(B)(i), because they involve a decision regarding the denial of discretionary relief under 8 U.S.C. § 1229b(b)(l)(D). We recently held that we have jurisdiction over such motions denied on procedural grounds. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir .2006).

The Board did not abuse its discretion in denying petitioners’ motion to reopen based on its determination that petitioners failed to present new or material evidence warranting reopening. See 8 C.F.R. § 1003.2 (c)(1).

However, we conclude that the Board acted arbitrarily in denying petitioners’ motion to reconsider based solely on a reference to 8 C.F.R. § 1003.2…

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