Quijano-Rodriguez

Quijano-Rodriguez v. Gonzales

Good Law
227 F. App'x 701
United States Court of Appeals for the Ninth CircuitApril 20, 2007Nos. 06-71173, 06-71885California435 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Maria Esperanza Quijano-Rodriguez, and her two minor daughters Jennifer Jicel Bermudez-Quijano and Briyit Xiomara Bermudez-Quijano, all natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (“BIA”) orders denying their motions to reopen, to amend an order of voluntary departure, and to reconsider. We review for abuse of discretion the denial of a motion to reopen or reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and we review de novo the BIA’s conclusions regarding questions of law, Kamalthas v. INS, 251 F.3d 1279, 1281-82 (9th Cir.2001). We deny in part and dismiss in part both petitions for review.

The BIA did not abuse its discretion in denying petitioners’ first motion to reopen because they did not establish prima facie eligibility for adjustment of status. See Malhi v. INS, 336 F.3d 989, 993-94 (9th Cir.2003); Ordonez v. INS, 345 F.3d 777, 785 (9th Cir.2003) (a “motion to reopen will not be granted unless the respondent establishes a prima facie case of eligibility for the underlying relief sought”).

The BIA’s denial of the motion to reinstate voluntary departure was…

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