Ortiz

Ortiz v. Mukasey

Good Law
301 F. App'x 612
United States Court of Appeals for the Ninth CircuitNovember 13, 2008No. 08-71796California306 words

Opinion

lead Opinion

MEMORANDUM **

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) denial of a motion to reopen immigration proceedings. We review the BIA’s denial of a motion to reopen for abuse of discretion. See Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

Petitioners’ claim for protection under the Convention Against Torture (“CAT”) failed to present evidence of changed country conditions in Mexico that are particular to petitioners and their circumstances. See 8 C.F.R. § 1003.2 (c)(3)(ii). Because petitioners have failed to meet their burden of establishing a prima facie CAT claim to support reopening, the BIA did not abuse its discretion in denying the motion.

Accordingly, the court sua sponte summarily denies in part this petition for review because the questions raised by this petition are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam).

Further, to the extent petitioners seek review of the BIA’s denial of their motion to reopen removal proceedings based on new hardship evidence, this court lacks jurisdiction to review that denial. See 8 U.S.C. § 1252 (a)(2)(B)(i); Fernandez…

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