Campos

Campos v. Mukasey

Good Law
261 F. App'x 946
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-72554California345 words

Opinion

Lead Opinion

MEMORANDUM **

*947 Saida Virginia Flores Campos, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review in part and dismiss in part.

The BIA did not abuse its discretion by denying the motion to reopen, where the BIA considered the new evidence of Flores’ son’s psychological problems 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) (BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational or contrary to law”).

In the motion to reopen, Flores also presented evidence that she had given birth to another child, but did not claim that the new child had any medical or other problems. The remaining evidence Flores presented with her motion to reopen concerned the same basic hardship grounds as her application…

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