Valdez

Valdez v. Holder

Good Law
333 F. App'x 235
United States Court of Appeals for the Ninth CircuitSeptember 28, 2009No. 06-75408California267 words

Opinion

Lead Opinion

MEMORANDUM **

Martin Eduardo Valdez and Maria Del Rosario Calvillo-Calvillo, husband and wife and natives and citizens of Mexico, petition *236 for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s removal order, and denying their motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review a motion to remand for abuse of discretion. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination on appeal that petitioners failed to show exceptional and extremely unusual hardship to their United States citizen daughters. See Mendez-Castro v. Mukasey, 552 F.3d 975, 978 (9th Cir.2009).

The BIA did not abuse its discretion by denying petitioners’ motion to remand, because the BIA considered the evidence they submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational or contrary…

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