Salvador v. Holder

372 F. App'x 819

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 31, 2010
• Docket: 07-73437
• Status: Unpublished

Opinion

MEMORANDUM **

Leonilio Bustamante Salvador, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Ramirez-Alejandre v. Ashcroft, 320 F.3d 858, 874 (9th Cir.2003) (en banc), and de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny the petition for review.

The BIA did not abuse its discretion in denying Salvador’s motion to reopen for adjustment of status based on marriage to a United States citizen during removal proceedings where the supporting evidence did not meet the regulatory requirements at 8 C.F.R. § 204.2(a)(1)(iii)(B). See Malhi v. INS, 336 F.3d 989, 994 (9th Cir.2003). Petitioner’s due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for due process violation).

PETITION FOR REVIEW DENIED.

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