Martinez-Martinez v. Holder

362 F. App'x 811

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 21, 2010
• Docket: 07-71873
• Status: Unpublished

Opinion

MEMORANDUM **

Luz Maria Martinez-Martinez, 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, 821 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA provided adequate consideration of the supporting evidence Martinez-Martinez submitted with her motion, including the psychological evaluation of her U.S. citizen son, and acted within its broad discretion in determining that the evidence was insufficient to warrant reopening. See Lopez v. Ashcroft, 366 F.3d 799, 807 n. 6 (9th Cir.2004) (BIA is required to “consider the issues raised, and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted”) (citation omitted).

PETITION FOR REVIEW DENIED.

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