U.S. Court of Appeals for the Ninth Circuit, 2006

Guillen v. Gonzales

U.S. Court of Appeals for the Ninth Circuit · Decided August 1, 2006 · Alarcón, Hawkins, Thomas

195 F. App'x 616

Counsel

Frank P. Sprouls, Law Office Of Ricci and Sprouls, San Francisco, CA, for Petitioner., Ronald E. LeFevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Douglas E. Ginsburg, Esq., John D. Williams, Esq., U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Imelda Marcela Rodriguez Guillen, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Rodriguez Guillen’s motion to reopen because she failed to demonstrate the evidence she submitted regarding her daughter’s medical condition and molestation was previously unavailable. See 8 C.F.R. §§ 1003.2(a) and (c); Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir. 2005).

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 9th Cir. R. 36-3.

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