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No. 8623988
United States Court of Appeals for the Ninth Circuit
Torres-Pena v. Gonzales
No. 8623988 · Decided August 3, 2006
No. 8623988·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 3, 2006
Citation
No. 8623988
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Jose Torres-Pena, a native and citizen of Mexico, petitions for review of the *533 Board of Immigration Appeals’ (“BIA”) order denying his 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 by denying the motion to reopen, because the BIA considered the evidence Torres-Pena submitted 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 only if it is “arbitrary, irrational or contrary to law.”). 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 ** Jose Torres-Pena, a native and citizen of Mexico, petitions for review of the *533 Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
Key Points
01MEMORANDUM ** Jose Torres-Pena, a native and citizen of Mexico, petitions for review of the *533 Board of Immigration Appeals’ (“BIA”) order denying his 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 Torres-Pena submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening
04INS, 295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational or contrary to law.”).
Frequently Asked Questions
MEMORANDUM ** Jose Torres-Pena, a native and citizen of Mexico, petitions for review of the *533 Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings.
FlawCheck shows no negative treatment for Torres-Pena v. Gonzales in the current circuit citation data.
This case was decided on August 3, 2006.
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