Diaz

Diaz v. Mukasey

Good Law
288 F. App'x 424
United States Court of Appeals for the Ninth CircuitAugust 5, 2008No. 04-73280California293 words

Opinion

Lead Opinion

MEMORANDUM **

Ericelda Idolina Rodas Diaz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, see Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Diaz’s contention that the IJ misinformed her concerning asylum application requirements because Diaz did not raise this issue before the BIA and therefore failed to exhaust her administrative remedies. See 8 U.S.C. § 1252 (d)(1); Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Because Diaz did not present any new, material evidence, the facts of which were not available to her at the time she decided to withdraw her application for asylum, the agency did not abuse its discretion when it denied her motion to reopen. See 8 C.F.R. §§ 1003.2 (c)(3)(ii), 1003.23(b)(3); Chang Hua He v. Gonzales, 501 F.3d 1128, 1131-33 (9th Cir.2007).

Because Diaz…

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