U.S. Court of Appeals for the Ninth Circuit, 2007

Chavez v. Gonzales

Chavez v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided April 30, 2007 · Bea, Graber, Scannlain
230 F. App'x 732

Chavez v. Gonzales

Opinion of the Court

MEMORANDUM **

Gumildo Gutierrez Chavez and Laura Elena Delgadillo seek review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We review for abuse of discretion the denial of a motion to reopen. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for review.

The BIA did not abuse its discretion by denying Petitioners’ motion to reopen, because the BIA considered the evidence Petitioners submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (The BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational or contrary to law.”).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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