Soto v. Gonzales

MEMORANDUM ** Maria Isabel Garfias Soto, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. See Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review. The BIA did not abuse its discretion in denying Garfias Soto’s motion to reopen because she failed to demonstrate the evidence she submitted was previously unavailable. See 8 C.F.R. §§ 1003.2 (a) and (c); Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir.2005). In light of this holding, we do not reach the government’s contention that we lack jurisdiction to review the BIA’s additional conclusion that the evidence did not show its declarant possessed sufficient expertise. 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.