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No. 8647276
United States Court of Appeals for the Ninth Circuit
Hernandez v. Mukasey
No. 8647276 · Decided January 24, 2008
No. 8647276·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
January 24, 2008
Citation
No. 8647276
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jose Luis Martinez Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review. The BIA did not abuse its discretion in denying the motion to remand where Martinez Hernandez did not demonstrate prima facie eligibility for adjustment of status. See id. at 994 . 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 ** Jose Luis Martinez Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand.
Key Points
01MEMORANDUM ** Jose Luis Martinez Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand.
02We review for abuse of discretion the denial of a motion to remand.
03The BIA did not abuse its discretion in denying the motion to remand where Martinez Hernandez did not demonstrate prima facie eligibility for adjustment of status.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Jose Luis Martinez Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand.
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This case was decided on January 24, 2008.
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