Benavides-Araiza v. Holder

331 F. App'x 508

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 6, 2009
• Docket: No. 07-73745
• Status: Published

Opinion

MEMORANDUM

**

Faviola Benavides-Araiza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion by denying Benavides-Araiza’s motion to reopen because the BIA considered the evidence she 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”).

Benavides-Araiza’s contention that the BIA failed to properly consider the evidence she submitted with her motion to reopen is not supported by the record.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.