U.S. Court of Appeals for the Ninth Circuit, 2010

Lamas Flores v. Holder

Lamas Flores v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided April 14, 2010 · Rymer, McKeown, Paez
375 F. App'x 767

Lamas Flores v. Holder

Opinion

MEMORANDUM **

Candido Rosas Ocampo, Victoria Sanchez Hernandez, and their son, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002). We deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reopen because the motion failed to set forth any new facts or submit any new evidence contrary to the Immigration Judge’s dis-positive determination that they failed to demonstrate the continuous physical presence required for cancellation of removal. See id. (The BIA’s denial of a motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law.”); see also 8 U.S.C. § 1229b(b)(l). Petitioners’ due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for due process violation).

PETITION FOR REVIEW DENIED.

**

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

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