Sanchez

Sanchez v. Mukasey

Good Law
305 F. App'x 383
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 06-73385California243 words

Opinion

Lead Opinion

MEMORANDUM **

Pablo Jauregui Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) and for abuse of discretion the denial of a motion to reconsider, Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We deny the petition for review.

The BIA acted within its discretion in denying Sanchez’s motion to reconsider because the motion failed to identify any error of fact or law in the BIA’s prior decision. See 8 C.F.R. § 1003.2 (b)(1); see also Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir.2001) (en banc). The BIA properly determined that remand was not warranted because the evidence Sanchez submitted did not meet the requirements of 8 C.F.R. § 1003.2 (c)(1) and did not establish a prima facie case of hardship.

*384 Sanchez’s contention that the BIA violated due process by not considering evidence fails because the BIA did consider the evidence he submitted on appeal and in his motion to remand. See Lata v.…

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