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Archaga v. Holder

United States Court of Appeals, Ninth Circuit
Jul 22, 2011
444 F. App'x 961 (9th Cir. 2011)

Opinion

No. 08-73160.

Submitted July 12, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

July 22, 2011.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A075-610-768.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.


MEMORANDUM

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


Jenny Johana Ponce Archaga, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The BIA acted within its broad discretion in determining that Ponce Archaga's evidence of hardship 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 only if it is "arbitrary, irrational, or contrary to law.").

We lack jurisdiction to review the BIA's decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 824 (9th Cir. 2011).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Archaga v. Holder

United States Court of Appeals, Ninth Circuit
Jul 22, 2011
444 F. App'x 961 (9th Cir. 2011)
Case details for

Archaga v. Holder

Case Details

Full title:JENNY JOHANA PONCE ARCHAGA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 22, 2011

Citations

444 F. App'x 961 (9th Cir. 2011)