Damo

Damo v. Mukasey

Good Law
305 F. App'x 480
United States Court of Appeals for the Ninth CircuitDecember 30, 2008No. 05-73094California370 words

Opinion

Lead Opinion

MEMORANDUM **

Emely Alado Damo, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reopen and reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen or reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny in part and dismiss in part the petition for review.

Damo does not challenge the agency’s determination that she cannot establish the good moral character required for cancellation of removal, see 8 U.S.C. § 1229b(b)(l)(B); therefore, the agency acted within its broad discretion in declining to reopen her removal proceedings, see Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational, or contrary to law”). We need not reach Damo’s contention that the IJ failed to consider her hardship evidence because the good moral character ground is dispositive.

The agency also acted within its discretion in denying Damo’s motion to reconsider because the motion…

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