Rangel-Fletes

Rangel-Fletes v. Holder

Good Law
339 F. App'x 826
United States Court of Appeals for the Ninth CircuitAugust 8, 2009No. 04-75993California358 words

Opinion

Lead Opinion

MEMORANDUM **

Victor Rangel-Fletes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

We review for abuse of discretion the denial of a motion to reconsider. Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). The BIA did not abuse its discretion when it determined that Rangel-Fletes failed to submit proof that his 1-140 visa petition had been approved and concluded that his case should therefore not be remanded. See Agyeman v. INS, 296 F.3d 871, 878 (9th Cir.2002) (an approved visa petition is a prerequisite for adjustment of status).

*828 We do not consider Rangel-Fletes’ challenge to the Administrative Appeals Office’s 2005 decision denying his 1-140 visa petition, because our review is limited to the administrative record. See Chouchkov v. INS, 220 F.3d 1077, 1080 (9th Cir.2000).

We have jurisdiction to review the BIA’s March 27, 2003, order dismissing Rangel-Fletes’ appeal of an IJ’s decision denying his application for withholding of removal,…

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