Ruben Padilla-Aguirre v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Ruben Padilla-Aguirre v. Eric Holder, Jr., 407 F. App'x 206 (9th Cir. 2010)
Goodwin, Wallace, Thomas

Ruben Padilla-Aguirre v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Ruben Padilla-Aguirre and Maria Luisa Barajas-Vasquez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ denial of their motion to reopen the underlying denial of their applications for cancellation of removal.

In their motion to reopen, petitioners introduced new evidence of hardship that Barajas-Vasquez’s legal permanent resident father had suffered a knee injury requiring an operation. We conclude that the BIA properly considered the new evidence offered by petitioners, and acted within its broad discretion in determining that the evidence did not establish extreme hardship, and was insufficient to warrant reopening of the cancellation application. 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 9th Cir. R. 36-3.

Reference

Full Case Name
Ruben PADILLA-AGUIRRE and Maria Luisa Barajas-Vasquez, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished