Rodriguez v. Gonzales

164 F. App'x 568

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 12, 2006
• Docket: No. 04-76260
• Status: Published

Opinion

MEMORANDUM

**

Crispin Jimenez Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We review for abuse of discretion the denial of a motion to reopen. Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003). We deny the petition for review.

The BIA acted within its broad discretion in denying Jimenez Rodriguez’s motion to reopen based on new evidence of a qualifying relative because Jimenez Rodriguez failed to present evidence the relative would suffer the requisite hardship. See 8 C.F.R. § 1003.2(a); Ordonez, 345 F.3d at 785 (holding that prima facie eligibility is demonstrated by a showing that there is a reasonable likelihood that the statutory requirements for relief have been satisfied).

Jimenez Rodriguez has also failed to raise a colorable due process claim. See Torres-Aguilar v. INS, 246 F.3d 1267, 1271 (9th Cir.2001).

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.