Luque-Gallegos

Luque-Gallegos v. Holder

Good Law
312 F. App'x 877
United States Court of Appeals for the Ninth CircuitFebruary 20, 2009No. 05-77262California315 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Alberto Luque-Gallegos, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ *878 (“BIA”) denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, Iturri-barria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we review claims of ineffective assistance of counsel de novo, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Luque-Gallegos’ motion to reopen to pursue his application for adjustment of status arising from his marriage to a U.S. citizen during removal proceedings. Luque-Gallegos did not “establish that the marriage was entered into in good faith and not ... for the purpose of procuring ... entry as an immigrant.” 8 C.F.R. § 204.2 (a)(l)(iii)(B); see also Malhi v. INS, 336 F.3d 989, 994-95 (9th Cir.2003) (upholding denial of motion to reopen to adjust status where movant failed to submit sufficient documentation to satisfy regulatory requirements). There was evidence in the supporting affidavit that immigration considerations had been a motive…

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