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Martinez-Santos v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 943 (9th Cir. 2003)

Opinion


73 Fed.Appx. 943 (9th Cir. 2003) Margarita MARTINEZ-SANTOS, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-71357.

Agency No. A74-796-532. United States Court of Appeals, Ninth Circuit. August 20, 2003

Submitted August 11, 2003.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Accordingly, we deny petitioner's request for oral argument.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals.

Before SCHROEDER, Chief Judge, HAWKINS and TASHIMA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Margarita Martinez-Santos, 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. § 1105a(a). We review for abuse of discretion the BIA's denial of a motion to reopen and review de novo questions of law. Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We deny the petition for review.

Martinez-Santos contends that the BIA abused its discretion by failing to consider all the new facts and weigh all relevant factors before denying her motion to reopen. This contention lacks merit because the BIA considered petitioner's marriage and back injury before concluding that petitioner failed to make out a prima facie case for suspension of deportation. See Vasquez v. INS, 767 F.2d 598, 602 (9th Cir.1985).

The BIA did not violate due process by denying Martinez-Santos's motion to reopen without remanding to an immigration judge for fact development. See Hernandez-Ortiz v. INS, 777 F.2d 509, 514 (9th Cir.1985) (motions to reopen may be decided without a hearing).

Contrary to petitioner's contentions, the BIA neither failed to consider the new, relevant events which occurred subsequent to the immigration judge's decision nor applied an elevated evidentiary standard. Cf. Arrozal v. INS, 159 F.3d 429, 432-33 (9th Cir.1998).

Martinez-Santos's remaining contentions lack merit.

PETITION FOR REVIEW DENIED.


Summaries of

Martinez-Santos v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 943 (9th Cir. 2003)
Case details for

Martinez-Santos v. Ashcroft

Case Details

Full title:Margarita MARTINEZ-SANTOS, Petitioner, v. John ASHCROFT, Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 20, 2003

Citations

73 F. App'x 943 (9th Cir. 2003)