Perez-Lopez

Perez-Lopez v. Gonzales

Good Law
196 F. App'x 528
United States Court of Appeals for the Ninth CircuitAugust 3, 2006No. 05-75052California289 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Margarito Perez-Lopez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We review for abuse of discretion the denial of a motion to reopen. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s underlying order dismissing Perez-Lopez’s appeal from the immigration judge’s decision denying cancellation of removal because the instant petition for review is not timely as to that order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996).

The BIA did not abuse its discretion by denying the motion to reopen, because the BIA considered the evidence Perez-Lopez 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.”).

Perez-Lopez’s contention that the agency failed to consider all hardship factors does not state…

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