Sanchez-Alvarado

Sanchez-Alvarado v. Gonzales

Good Law
229 F. App'x 534
United States Court of Appeals for the Ninth CircuitApril 24, 2007No. 05-75544California269 words

Opinion

Lead Opinion

MEMORANDUM **

Uriel Sanchez-Alvarado, a native and citizen of Mexico, petitions for review of *535 the Board of Immigration Appeals’ denial of his motion to reopen removal proceedings for consideration of new evidence of hardship pertaining to his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny the petition for review.

As an initial matter, we conclude that we have jurisdiction over this petition for review because the motion to reopen presented a new medical basis for relief, rather than cumulative evidence previously considered by the agency. See Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir.2006) (explaining that the court has jurisdiction to review a motion to reopen asserting a new medical basis for cancellation of removal relief).

Petitioner argues that the Board applied the wrong legal standard. We disagree. The Board considered the evidence petitioner submitted concerning his newly diagnosed hypertension 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) (holding that the Board’s denial of a motion to…

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.