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

Edwin Quijada Escobar v. Eric Holder, Jr.

Edwin Quijada Escobar v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 28, 2011 · Canby, O'Scannlain, Fisher
440 F. App'x 567

Edwin Quijada Escobar v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Qua Van Le, a native and citizen of Vietnam, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We *568 review de novo due process claims, and for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider the BIA’s denial of Le’s motion to reopen the discretionary denial of cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir. 2006). Le’s claim that the BIA did not issue a decision that fully explains the reasons for denying his motion to reopen is foreclosed by this determination. See id. at 603-04.

Le’s contention that the Board did not consider the evidence he submitted fails because he has not “overcome the presumption that the BIA did review the record.” Id. at 603.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

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

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