Davilova

Davilova v. Gonzales

Good Law
231 F. App'x 769
United States Court of Appeals for the Ninth CircuitMay 15, 2007No. 04-72206California277 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Lyubov Davilova (“Petitioner”) petitions for review of a Board of Immigration Appeal’s (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) denial of a motion to reopen her asylum and withholding of removal claims. The facts and procedural history are familiar to the parties, and we do not repeat them here.

“This Court reviews the BIA’s ruling on a motion to reopen for an abuse of discretion.” Rodriguez-Lariz v. I.N.S., 282 F.3d 1218, 1222 (9th Cir.2002). Under that standard, we may only reverse “the BIA’s denial of a motion to reopen if it is ‘arbitrary, irrational, or contrary to law.’” Singh v. I.N.S., 295 F.3d 1037, 1039 (9th Cir.2002) (quoting Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir.1985)). Petitioner attempts to meet that standard by claiming that the IJ abused his discretion in denying her motion to reopen because she presented evidence “based on changed country conditions arising in the country of nationality or the country to which removal has been ordered” that “is material and was not available and would not have been discovered or presented at the previous proceeding.” 8 U.S.C. § 1229a(c)(7)(C)(ii); accord 8 C.F.R. § 1003.23…

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