Zamorano-Vasquez

Zamorano-Vasquez v. Mukasey

Good Law
285 F. App'x 444
United States Court of Appeals for the Ninth CircuitJuly 11, 2008No. 06-71479California314 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Zamorano-Vasquez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s order denying Zamora-no-Vasquez’s motion to reopen proceedings to seek special rule cancellation of removal pursuant to the Nicaraguan Adjustment and Central American Relief Act of 1997. Pursuant to the REAL ID Act of 2005, we construe Zamorano-Vasquez’s transferred habeas petition as a petition for review. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 928-29 (9th Cir.2005). We review for abuse of discretion the denial of a motion to reopen, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion when it determined that the evidence Zamorano-Vasquez submitted with his motion to reopen was not reliable and inadequate to meet his burden of proof because of his previous, inconsistent testimony and the government’s failure to find evidence corroborating Zamorano-Vasquez’s claims *445 in its records. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (denial of a motion to reopen shall be reversed…

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