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No. 8623624
United States Court of Appeals for the Ninth Circuit
Jimenez-Garcia v. Gonzales
No. 8623624 · Decided July 28, 2006
No. 8623624·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 28, 2006
Citation
No. 8623624
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Mario Jimenez-Garcia and Mayóla Hernandez, and their children Jorge Jimenez-Hernandez and Mario Adolfo Jimenez-Hernandez, natives and citizens of Mexico, petition pro se for review of the denial of their motion to reopen and/or reconsider the denial of cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . The Board did not abuse its discretion in denying petitioners’ motion to reopen because they failed to submit any new or previously unavailable evidence in support of the motion. See 8 C.F.R. § 1003.2 (c). The Board also acted within its discretion in denying petitioners’ motion to reconsider because the motion failed to identify any error of fact or law in the Board’s prior decision affirming the IJ’s order denying cancellation of removal. See 8 *437 C.F.R. § 1003.2 (b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176 , 1180 n. 2 (9th Cir. 2001) (en banc). Petitioners’ contention that the agency failed to adequately consider the issue of separation of family is not supported by the record. See Larita-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir.2000). 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 ** Mario Jimenez-Garcia and Mayóla Hernandez, and their children Jorge Jimenez-Hernandez and Mario Adolfo Jimenez-Hernandez, natives and citizens of Mexico, petition pro se for review of the denial of their motion to reopen and/o
Key Points
01MEMORANDUM ** Mario Jimenez-Garcia and Mayóla Hernandez, and their children Jorge Jimenez-Hernandez and Mario Adolfo Jimenez-Hernandez, natives and citizens of Mexico, petition pro se for review of the denial of their motion to reopen and/o
02The Board did not abuse its discretion in denying petitioners’ motion to reopen because they failed to submit any new or previously unavailable evidence in support of the motion.
03The Board also acted within its discretion in denying petitioners’ motion to reconsider because the motion failed to identify any error of fact or law in the Board’s prior decision affirming the IJ’s order denying cancellation of removal.
04Petitioners’ contention that the agency failed to adequately consider the issue of separation of family is not supported by the record.
Frequently Asked Questions
MEMORANDUM ** Mario Jimenez-Garcia and Mayóla Hernandez, and their children Jorge Jimenez-Hernandez and Mario Adolfo Jimenez-Hernandez, natives and citizens of Mexico, petition pro se for review of the denial of their motion to reopen and/o
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This case was decided on July 28, 2006.
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