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No. 8630599
United States Court of Appeals for the Ninth Circuit
Rea-Ramos v. Gonzales
No. 8630599 · Decided April 24, 2007
No. 8630599·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 24, 2007
Citation
No. 8630599
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Javier Rea-Ramos and Yolanda Perez Hernandez seek review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings. We review for abuse of discretion the denial of a motion to reopen. See Iturribarria v. INS, 321 F.3d 889, 894 (9th *541 Cir.2003). We' deny the petition for review. The BIA did not abuse its discretion by denying the motion to reopen, because the BIA considered the evidence the petitioners submitted and acted within its broad discretion in determining that the evidence was insufficient to establish prima facie eligibility for cancellation of removal. 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”). The petitioners’ contention that the BIA used the wrong standard in denying their motion is unavailing. 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 ** Javier Rea-Ramos and Yolanda Perez Hernandez seek review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** Javier Rea-Ramos and Yolanda Perez Hernandez seek review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings.
02We review for abuse of discretion the denial of a motion to reopen.
03The BIA did not abuse its discretion by denying the motion to reopen, because the BIA considered the evidence the petitioners submitted and acted within its broad discretion in determining that the evidence was insufficient to establish pri
04INS, 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”).
Frequently Asked Questions
MEMORANDUM ** Javier Rea-Ramos and Yolanda Perez Hernandez seek review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Rea-Ramos v. Gonzales in the current circuit citation data.
This case was decided on April 24, 2007.
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