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No. 8689113
United States Court of Appeals for the Ninth Circuit
Diaz-Aguilar v. Mukasey
No. 8689113 · Decided September 12, 2008
No. 8689113·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 12, 2008
Citation
No. 8689113
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Juan Manuel Diaz-Aguilar, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals denying his motion to reopen the underlying denial of his application for cancellation of removal based on his failure to establish exceptional and extremely unusual hardship to his United States citizen children. In his motion to reopen, petitioner asserted exceptional and extremely unusual hardship based on the new evidence that his children are suffering from obesity and related conditions. We conclude that the BIA considered the new evidence, 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”). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Juan Manuel Diaz-Aguilar, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals denying his motion to reopen the underlying denial of his application for cancellation of remov
Key Points
01MEMORANDUM ** Juan Manuel Diaz-Aguilar, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals denying his motion to reopen the underlying denial of his application for cancellation of remov
02In his motion to reopen, petitioner asserted exceptional and extremely unusual hardship based on the new evidence that his children are suffering from obesity and related conditions.
03We conclude that the BIA considered the new evidence, and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening.
04INS, 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”).
Frequently Asked Questions
MEMORANDUM ** Juan Manuel Diaz-Aguilar, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals denying his motion to reopen the underlying denial of his application for cancellation of remov
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This case was decided on September 12, 2008.
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