Kyu O. Oh v. Holder

U.S. Court of Appeals for the Ninth Circuit
Kyu O. Oh v. Holder, 397 F. App'x 398 (9th Cir. 2010)

Kyu O. Oh v. Holder

Opinion

MEMORANDUM **

Kyu O. Oh, a native and citizen of South Korea, petitions for review of the Board of *399 Immigration Appeals’ (“BIA”) order denying her motion to remand and dismissing her appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005), and de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003). We deny the petition for review.

The BIA did not abuse its discretion in denying Oh’s motion to remand because she failed to establish prima facie eligibility for cancellation of removal. See 8 U.S.C. § 1229b(d)(l) (“[A]ny period of continuous residence ... in the United States shall be deemed to end ... when the alien has committed an offense referred to in [8 U.S.C. § 1182(a)(2) ].”); 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.”).

Because Oh filed her motion to remand “in place of’ her appeals brief, the BIA did not err in concluding that she abandoned her appeal. See Toquero v. INS, 956 F.2d 193, 196 (9th Cir. 1992).

Oh’s remaining contention is unavailing.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provid *399 ed by 9th Cir. R. 36-3.

Reference

Full Case Name
KYU O. OH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished