Garcia-Munoz
Garcia-Munoz v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Antonio Gareia-Munoz, a native and citizen of Mexico, petitions 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 deny the petition for review.
The BIA did not abuse its discretion by denying the motion to reopen, because the BIA considered the evidence Garcia-Munoz 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.”).
Garcia-Munoz’s contention that the BIA violated his equal protection rights by denying cancellation of removal does not amount to a colorable constitutional claim. *536 See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[traditional abuse of discretion challenges recast as alleged [constitutional] violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”).