Ezadi

Ezadi v. Holder

Good Law
312 F. App'x 961
United States Court of Appeals for the Ninth CircuitFebruary 25, 2009No. 06-73783California247 words

Opinion

Lead Opinion

MEMORANDUM **

Ziba Sharon Ezadi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo due process claims. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion when it concluded that the evidence submitted with the motion to reopen was insufficient to demonstrate prima facie eligibility for withholding of removal. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 869-70 (9th Cir.2003) (“prima facie eligibility for the relief sought is a prerequisite for the granting of a motion to reopen”).

We reject Ezadi’s due process contention challenging the BIA’s findings regarding withholding of removal. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must demonstrate error to prevail on a due process claim).

To the extent Ezadi seeks review of the agency’s denial of asylum and withholding of removal, we lack jurisdiction to consider the claim…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.