Gonzalez

Gonzalez v. Holder

Good Law
351 F. App'x 193
United States Court of Appeals for the Ninth CircuitNovember 2, 2009Nos. 06-75242, 07-70814California217 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Efrain Gonzalez and his family, natives and citizens of Mexico, seek review of the Board of Immigration Appeals’ (“BIA”) orders denying their motion to reopen and their motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petitions for review.

The BIA did not abuse its discretion by denying petitioners’ motion to reopen, 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 to law.”).

In their opening brief, petitioners fail to address and therefore have waived any challenge to the BIA’s denial of their motion to reconsider. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived).

PETITIONS FOR REVIEW…

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