Rea-Ramos

Rea-Ramos v. Gonzales

Good Law
229 F. App'x 540
United States Court of Appeals for the Ninth CircuitApril 24, 2007No. 06-70702California170 words

Lead Opinion

MEMORANDUM **

Javier Rea-Ramos and Yolanda Perez Hernandez seek review of an order of the Board of Immigration Appeals (“BIA”) denying their 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 *541 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 the petitioners submitted and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie eligibility for cancellation of removal. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law”).

The petitioners’ contention that the BIA used the wrong standard in denying their motion is unavailing.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.