U.S. Court of Appeals for the Ninth Circuit, 2009

Rivera v. Holder

Rivera v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided October 2, 2009 · Clifton, Rawlinson, Silverman
347 F. App'x 329

Rivera v. Holder

Opinion of the Court

MEMORANDUM **

Rocío Delgado Rivera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. 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 considered the new evidence offered by Rivera, determined that the evidence did not establish a prima facie showing of exceptional and extremely unusual hardship to Rivera’s qualifying relative, 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 provid*331ed by 9th Cir. R. 36-3.

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