U.S. Court of Appeals for the Ninth Circuit, 2011

Maribel Salcedo-Guitierrez v. Eric H. Holder Jr.

Maribel Salcedo-Guitierrez v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 10, 2011 · Rymer, Thomas, Paez
432 F. App'x 689

Maribel Salcedo-Guitierrez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Maribel Salcedo-Gutierrez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen 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 in denying Salcedo-Gutierrez’s motion to reopen because she failed to set forth any new facts or present new evidence to challenge the agency’s previous finding regarding her lack of good moral character. See 8 C.F.R. § 1003.2(c)(1) (providing that a motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits or other evidentiary material”); see also 8 U.S.C. § 1101(f)(7) (stating that an alien who has served over 180 days in prison may not establish good moral character).

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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