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No. 8646540
United States Court of Appeals for the Ninth Circuit
Guzman v. Mukasey
No. 8646540 · Decided December 28, 2007
No. 8646540·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 28, 2007
Citation
No. 8646540
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Maria Carmela Ventura Guzman and Francisco Javier Pinto Gonzalez petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, see Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999), and we deny the petition for review. The BIA considered the new evidence regarding petitioners’ daughter Teresa 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 if it is “arbitrary, irrational, or contrary to law.”). Petitioners’ contention that the BIA decision was improperly conclusory is not supported by the record. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Maria Carmela Ventura Guzman and Francisco Javier Pinto Gonzalez petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** Maria Carmela Ventura Guzman and Francisco Javier Pinto Gonzalez petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings.
02We review the denial of a motion to reopen for abuse of discretion, see Konstantinova v.
03INS, 195 F.3d 528, 529 (9th Cir.1999), and we deny the petition for review.
04The BIA considered the new evidence regarding petitioners’ daughter Teresa and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening.
Frequently Asked Questions
MEMORANDUM ** Maria Carmela Ventura Guzman and Francisco Javier Pinto Gonzalez petition for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Guzman v. Mukasey in the current circuit citation data.
This case was decided on December 28, 2007.
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