Areta

Areta v. Gonzales

Good Law
237 F. App'x 165
United States Court of Appeals for the Ninth CircuitJune 6, 2007No. 04-73168California486 words

Opinion

Lead Opinion

MEMORANDUM **

Elia Arevalo Areta petitions for review of the Board of Immigration Appeals’ final order denying her motion to reopen on the grounds that the motion was filed more than 90 days after the decision and that she did not fit within the changed circumstances exception to the time requirement. We deny the petition.

This court reviews a BIA denial of a motion to reopen for abuse of discretion. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004). We must uphold the board’s ruling “ ‘[ujnless [it] acted arbitrarily, irrationally, or contrary to law.’ ” Id. (quoting Lo v. Ashcroft, 341 F.3d 934, 937 (9th Cir.2003)). To prevail on a motion to reopen, a petitioner must show prima facie eligibility for the underlying substantive relief requested. See INS v. Wang, 450 U.S. 139, 141 , 101 S.Ct. 1027 , 67 L.Ed.2d 123 (1981) (per curiam). A prima facie case is established “where the evidence reveals a reasonable likelihood the statutory requirements for relief have been satisfied.” See Ordonez v. INS, 345 F.3d 777, 785 (9th Cir.2003) (quoting In re S-V, 22 I. & N. Dec. 1306 (BIA 2000)). Areta’s motion to reopen must therefore demonstrate that conditions in Mexico have…

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.