U.S. Court of Appeals for the Ninth Circuit, 2008

Valenzuela v. Mukasey

U.S. Court of Appeals for the Ninth Circuit · Decided March 25, 2008

271 F. App'x 634

Counsel

Nathan M. Zaslow, Esq., Law Office of Walter R. Pineda, San Francisco, CA, for Petitioner., Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Norah Ascoli Schwarz, Esq., Ann Carroll Varnon, Esq., DOJ — U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion of the Court

MEMORANDUM **

Rosa Valenzuela, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion, Fernandez v. Gonzales, 439 F.3d 592, 601 *635(9th Cir. 2006), and we deny the petition for review.

The BIA considered the new evidence regarding Valenzuela’s daughter 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 9 th Cir. R. 36-3.

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