Legal Opinion
Alvarez v. Gonzales
Court of Appeals for the Ninth Circuit
Decided December 12, 2005No. 04-74506Published
1Opinion of the Court
MEMORANDUM **
Pedro Lopez Alvarez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen his application for cancellation of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252. “We review the denial of a motion to reopen for abuse of discretion.” de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We deny in part and dismiss in part the petition for review.
The BIA may deny a motion to reopen if the alien is not prima facie eligible for the relief sought. See INS v. Abudu, 485 U.S. 94,…
2Cases cited3 opinions
- Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
- Maria Isabel Gonzalez De Martinez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Maria Angelica Membreno v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005