Cueto v. Gonzales
Cueto v. Gonzales
Opinion of the Court
MEMORANDUM
Mario Eusebio Cueto, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“U”) order denying his motion to reopen removal proceedings held in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252. Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir. 2000). We review the denial of a motion to reopen for abuse of discretion, Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002), and review factual findings for substantial evidence, Kamalthas v. INS, 251 F.3d 1279, 1281 (9th Cir. 2001). We deny the petition for review.
The IJ did not abuse his discretion in denying the motion to reopen because Cueto’s evidence that he was being treated three times a week for injuries sustained
PETITION FOR REVIEW 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.