De Ramirez v. Mukasey

MEMORANDUM **

Gabriela Galvez De Ramirez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Ap *768 peals’ (“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. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We review de novo claims of constitutional violations in immigration proceedings. See id. at 894 . We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Galvez De Ramirez’s motion to reopen because she failed to state any new facts or present any new evidence to demonstrate the requisite physical presence. See 8 C.F.R. § 1003.2 (c)(1) (providing that a motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits or other evidentiary material.”).

Galvez De Ramirez contends the immigration judge (“U”) violated due process by not allowing her to clarify her entry date. However, Galvez De Ramirez made no showing that additional testimony…