Miranda-Retana

Miranda-Retana v. Gonzales

Good Law
204 F. App'x 716
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007Nos. 05-71785, 05-76197California391 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Porfirio Miranda-Retana and Maria Elena Velasquez de Miranda, natives and citizens of Mexico, seek review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reconsider the denial of their motion to reopen removal proceedings to offer new evidence of hardship (No. 05-76197) and an order of the BIA affirming an Immigration Judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) (No. 05-71785). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petitions for review.

The BIA did not abuse its discretion in denying the motion to reconsider because petitioners did not specify an error of fact or law in the prior BIA decision. See 8 C.F.R. § 1008.2 (b)(1).

Substantial evidence supports the BIA’s determination that petitioners’ subjectively genuine fear of future persecution was not objectively reasonable. The harm petitioners experienced at the hands of the judicial police occurred in 1985 and petitioners continued to live in their hometown without further mistreatment for two years prior to leaving…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.