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

Bermudez Morales v. Holder

Bermudez Morales v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided February 22, 2010 · Fernandez, Gould, Smith
366 F. App'x 799

Bermudez Morales v. Holder

Opinion

MEMORANDUM **

Flor De Maria Virginia Bermudez Morales, a native and citizen of Mexico, petitions pro se for review of the decision of the Board of Immigration Appeals denying petitioner’s fourth motion to reopen the underlying denial of her application for cancellation of removal relief. The BIA *800 held that Bermudez Morales’s motion was numerically barred.

Bermudez Morales contends that the BIA erred in finding a numerical bar to her motion because she presented new evidence that her new-born United States citizen son was a qualifying relative and she was therefore eligible for cancellation relief. “[A]n alien who is subject to a final order of removal is limited to one motion to reopen the removal proceedings.... ” Chen v. Mukasey, 524 F.3d 1028, 1030 (9th Cir. 2008) (citing 8 U.S.C. § 1229a(c)(7)(A)). We conclude that the BIA did not abuse its discretion in denying Bermudez Morales’s fourth motion to reopen as numerically barred, and the motion did not meet any of the regulatory exceptions. See 8 C.F.R. § 1003.2(c)(2)-(3).

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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