Julio Cortez-Gastelum v. Eric Holder, Jr.

Good Law
526 F. App'x 747
United States Court of Appeals for the Ninth CircuitMay 9, 201311-72385California746 words

Opinion

Opinion

MEMORANDUM

Julio Cortez-Gastelum, a native and citizen of Mexico, petitions pro se for review of a decision from the Board of Immigration Appeals (“BIA”) in which the BIA denied his motion to remand and dismissed his appeal from the immigration judge’s (“IJ”) denial of relief in the form of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Where the BIA conducts its own review of the evidence and law rather than adopting the IJ’s decision, we limit our review to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted. Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006). We review legal questions de novo and factual findings for substantial evidence. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011).

The BIA’s denial of a motion to reopen and remand is reviewed for abuse of discretion. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). “The BIA abuses its discretion when it acts arbitrarily, irrationally, or contrary to the law.” Id. (internal quotation marks omitted). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

Cortez-Gastelum does not challenge…

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.