Edith Rodriguez-DeArmy petitions for review of an order by the Board of Immigration Appeals (BIA) denying her motion to reopen based on her marriage to a United States citizen and the filing of an alien relative petition on her behalf. Rodriguez contends that the BIA erred in stating that a prior visa petition filed on her behalf was denied due to marriage fraud.

The BIA did note that the Department of Homeland Security opposed the motion to reopen on the basis that the prior visa petition was denied for marriage fraud. But, the basis for denial of the petition was that Rodriguez failed to make a prima facie showing that she was eligible for relief from removal. Rodriguez has not shown that she meets the five factors set forth in Matter of Velarde-Pacheco, 23 I & N Dec. 253, 256 (BIA 2002), for granting a motion to reopen. Therefore, she has not shown that the BIA abused its discretion in denying her motion. See de Morales v. INS, 116 F.3d 145, 147 (5th Cir. 1997).

DENIED