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

Rico-Lopez v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided January 6, 2010 · Goodwin, Wallace, Clifton

361 F. App'x 801

Counsel

Jaime Rico-Lopez, Jaehoh Suh, Law Office of Jaehoh Suh, Van Nuys, CA, for Petitioners., Jacob A. Bashyrov, Carl H. McIntyre, Jr., DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, CAC-District Counsel, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Jaime Rico-Lopez and Lilia Rico, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. 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). We deny the petition for review.

The BIA did not abuse its discretion by denying the motion to reopen because the BIA considered the evidence petitioners submitted and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie eligibility for cancellation of removal. 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.”).

Petitioners’ remaining contentions are unavailing.

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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