Murguia v. Holder

328 F. App'x 447

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 1, 2009
• Docket: No. 06-75726
• Status: Published

Opinion

MEMORANDUM

**

Enrique Arias Murguia and Maria Felix Arias, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, and we review de novo claims of due process violations. 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 petitioners’ motion to reopen, because the BIA considered the evidence they 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 will be reversed if it is “arbitrary, irrational, or contrary to law.”).

Petitioners contend the BIA violated due process by arbitrarily dismissing and disregarding their evidence of hardship. Contrary to petitioners’ contention, the proceedings were not “so fundamentally unfair that [they were] prevented from reasonably presenting [their] case.” Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (internal quotation marks and 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.