Gomez v. Holder
Gomez v. Holder
Opinion of the Court
MEMORANDUM
Gabriela Gomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her second 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, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008), and we deny the petition for review.
The BIA also did not abuse its discretion by denying the motion to reopen as to her cancellation of removal claim, because it correctly determined that Gomez had overstayed the period of voluntary departure, and was therefore statutorily ineligible for the requested relief. See 8 U.S.C. § 1229c(d)(l); Granados-Oseguera v. Mukasey, 546 F.3d 1011, 1015-16 (9th Cir. 2008) (per curiam).
We grant Gomez’s counsel’s motion to withdraw as attorney of record. The Clerk shall amend the docket to reflect that Gomez is proceeding pro se. The Clerk shall serve this order on Gomez at the address provided in the certificate of service: 21 S. Canada St. # B, Santa Barbara, CA 93103.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.