Cortez-Mariaca v. Holder
Docket: No. 04-71415
Court: Court of Appeals for the Ninth Circuit; March 25, 2009; Federal Appellate Court
Lucano Cortez-Mariaca, a citizen of Mexico, petitions for review of the Board of Immigration Appeals (BIA) decision denying his motion to reopen his immigration case. Jurisdiction is based on 8 U.S.C. § 1252, with the standard of review being whether there was an abuse of discretion in denying the motion. The court denies part of the petition and dismisses another part, concluding that the BIA did not abuse its discretion in denying Cortez-Mariaca's motion. The court emphasizes that prima facie eligibility for the relief sought is essential for granting a motion to reopen. The petitioner’s argument regarding the Matter of Velarde-Pacheco is rejected. Additionally, Cortez-Mariaca did not assert that his visa petition was pending due to the actions of prior counsel, leading to a lack of jurisdiction to review that claim. As a result, the court does not address any remaining arguments presented by Cortez-Mariaca. The final ruling is that the petition for review is denied in part and dismissed in part, with the decision not intended for publication and not serving as precedent except as permitted by 9th Cir. R. 36-3.