Flores-Lopez v. Mukasey
Flores-Lopez v. Mukasey
Opinion of the Court
MEMORANDUM
Marcela Flores-Lopez, a native and citizen of Mexico, petitions for review of the
Flores-Lopez moved to reopen her removal proceedings on the ground that a more recent ankle and foot injury amounted to new and material additional evidence that established a prima facie case of exceptional hardship sufficient to reopen her cancellation petition, because her injury would make it difficult for her to support her children in Mexico. The BIA, after reviewing the evidence in the record, concluded that the new evidence would not likely change the result in her cancellation petition because her ankle injury was a non-permanent strain or sprain.
In this case, this court does have jurisdiction to review the BIA’s denial of Flores-Lopez’s motion, but only for the purpose of ensuring the BIA has not abused its discretion in denying her motion to reopen. Lo v. Ashcroft, 341 F.3d 934, 937 (9th Cir. 2003). The BIA reviewed the evidence before it, and, not unreasonably, concluded that her “sprain/strain” was not serious enough to warrant reopening the case. The BIA did not act arbitrarily, capriciously, or contrary to law, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002); the BIA’s characterization of Flores-Lopez’s injury is supported by the record.
Accordingly, Flores-Lopez’s petition for review is denied.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Marcela FLORES-LOPEZ v. Michael B. MUKASEY, Attorney General
- Status
- Published