Hernandez-Angeles v. Ashcroft
Hernandez-Angeles v. Ashcroft
Opinion of the Court
MEMORANDUM
Javier Hernandez-Angeles (“Hernandez”) petitions for review of the Board of Immigration Appeal’s (“BIA”) denial of his motion to reopen his application for cancellation of removal. We have jurisdiction to review the motion to reopen even where the underlying relief sought is discretionary. See, e.g., Medina-Morales v. Ashcroft, 371 F.3d 520, 526-27 (9th Cir. 2004).
The BIA properly identified and weighed the new evidence submitted with the motion to reopen, determining that the evidence was not substantially different from the original evidence presented, and would not likely change the result. See Arrozal v. INS, 159 F.3d 429, 432-33 (9th Cir. 1998). It cannot be said that this determination was “arbitrary, irrational, or contrary to law,” requiring our reversal. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002), cert. denied, 539 U.S. 941, 123 S.Ct. 2605, 156 L.Ed.2d 626 (2003).
PETITION DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.