Bautista-Moreno

Bautista-Moreno v. Holder

Good Law
338 F. App'x 643
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 08-70850California346 words

Opinion

Lead Opinion

*644 MEMORANDUM **

Gilberto Jesus Bautista-Moreno, and his wife Teresa De Jesus Cordero-Medrano, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ denial of their motion to reopen removal proceedings, arising from the underlying denial of their applications for cancellation of removal based on their failure to establish the requisite hardship to their qualifying relatives.

Petitioners contend that the BIA and immigration judge erred in not finding exceptional and extremely unusual hardship to their two United States children if petitioners were removed because in their motion to reopen: the petitioners presented evidence that the female petitioner has been diagnosed with cancer and her medical treatment in Mexico would result in hardship to the entire family; and petitioners presented evidence that the children would suffer educational and emotional difficulties if they were to return to Mexico.

We review the denial of a motion to reopen for abuse of discretion, and we will reverse only if the agency’s decision was “arbitrary, irrational, or contrary to law.” Valeriano v. Gonzales, 474 F.3d 669, 672 (9th Cir.2007). The BIA held, and…

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