Narrative Opinion Summary
German Fernando Huerta Perez and Maria Graciela Rojas Garcia, a married couple from Mexico, sought review of a Board of Immigration Appeals (BIA) order that denied their motion to reconsider. Jurisdiction is based on 8 U.S.C. § 1252, with an abuse of discretion standard applied to the BIA's denial of the motion. The petitioners' motion was denied because it did not demonstrate any error in fact or law regarding the BIA's previous order from December 20, 2006. Additionally, the court lacked jurisdiction to review the BIA's refusal to sua sponte reopen the proceedings. The petition for review was partially denied and partially dismissed. The decision is not suitable for publication and is not considered precedent except as specified by 9th Cir. R. 36-3.
Legal Issues Addressed
Jurisdiction to Review BIA's Refusal to Reopen Proceedingssubscribe to see similar legal issues
Application: The court determined it lacked jurisdiction to review the BIA's decision not to reopen the proceedings on its own motion.
Reasoning: Additionally, the court lacked jurisdiction to review the BIA's refusal to sua sponte reopen the proceedings.
Motion to Reconsider in Immigration Proceedingssubscribe to see similar legal issues
Application: The petitioners' motion was denied because it failed to show any factual or legal error in the BIA's previous order.
Reasoning: The petitioners' motion was denied because it did not demonstrate any error in fact or law regarding the BIA's previous order from December 20, 2006.
Publication and Precedential Value of Decisionsubscribe to see similar legal issues
Application: The decision is not published and does not serve as precedent except as specified by Ninth Circuit rules.
Reasoning: The decision is not suitable for publication and is not considered precedent except as specified by 9th Cir. R. 36-3.
Standard of Review for BIA Decisionssubscribe to see similar legal issues
Application: The court applied an 'abuse of discretion' standard to review the BIA's denial of the motion to reconsider.
Reasoning: Jurisdiction is based on 8 U.S.C. § 1252, with an abuse of discretion standard applied to the BIA's denial of the motion.