Ederlinda Batoon v. Eric Holder, Jr.

429 F. App'x 680

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 27, 2011
• Docket: 09-70765
• Status: Unpublished

Opinion

MEMORANDUM **

Ederlinda Tirona Batoon and Ailene Rose Batoon, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Itumbarria 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 petitioners’ third and untimely motion to reopen, because the BIA considered the evidence 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 if it is “arbitrary, irrational, or contrary to law.”); In re Gutierrez-Lopez, 21 I. & N. Dec. 479, 480 (BIA 1996) (“A case may not be administratively closed if opposed by either of the parties.”).

PETITION FOR REVIEW DENIED.

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