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No. 8623831
United States Court of Appeals for the Ninth Circuit
De Avila v. Gonzales
No. 8623831 · Decided August 1, 2006
No. 8623831·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 1, 2006
Citation
No. 8623831
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Maria Lourdes Moreno De Avila, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We deny the petition for review. *649 The BIA considered the evidence petitioner submitted with her motion to reopen and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. 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.”). Petitioner’s contention that the BIA deprived her of due process by selectively weighing the evidence is not supported by the record and does not amount to a color-able due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Maria Lourdes Moreno De Avila, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** Maria Lourdes Moreno De Avila, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings.
02*649 The BIA considered the evidence petitioner submitted with her motion to reopen and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening.
03INS, 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.”).
04Petitioner’s contention that the BIA deprived her of due process by selectively weighing the evidence is not supported by the record and does not amount to a color-able due process claim.
Frequently Asked Questions
MEMORANDUM ** Maria Lourdes Moreno De Avila, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings.
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This case was decided on August 1, 2006.
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