David Vasquez-Cruz v. Michael Mukasey

U.S. Court of Appeals for the Ninth Circuit
David Vasquez-Cruz v. Michael Mukasey, 396 F. App'x 448 (9th Cir. 2010)

David Vasquez-Cruz v. Michael Mukasey

Opinion

MEMORANDUM **

David Vasquez-Cruz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 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). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Vasquez-Cruz’s motion to reopen because the BIA considered the evidence submitted and acted within its broad discretion in determining Vasquez-Cruz did not show prima facie eligibility for relief under the Convention Against Torture. See INS v. Abudu, 485 U.S. 94, 104-05, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought); Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (the BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law”).

We lack jurisdiction to review Vasquez-Cruz’s challenge to the BIA’s October 29, 2007, order denying his application for cancellation of removal, because this petition *449 for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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

Reference

Full Case Name
David VASQUEZ-CRUZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished