Rodriguez-DeArmy v. Ashcroft , 89 F. App'x 482 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT March 17, 2004
Charles R. Fulbruge III
Clerk
No. 03-60500
Summary Calendar
EDITH RODRIGUEZ-DEARMY, also known as Edith Aird,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
Appeal from the United States District Court
for the Northern District of Texas
(A75-231-586)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Edith Rodriguez-DeArmy petitions for review of an order by the
Board of Immigration Appeals (BIA) denying her motion to reopen
based on her marriage to a United States citizen and the filing of
an alien relative petition on her behalf. Rodriguez contends that
the BIA erred in stating that a prior visa petition filed on her
behalf was denied due to marriage fraud.
The BIA did note that the Department of Homeland Security
opposed the motion to reopen on the basis that the prior visa
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
petition was denied for marriage fraud. But, the basis for denial
of the petition was that Rodriguez failed to make a prima facie
showing that she was eligible for relief from removal. Rodriguez
has not shown that she meets the five factors set forth in Matter
of Velarde-Pacheco, 23 I&N Dec. 253, 256 (BIA 2002), for granting
a motion to reopen. Therefore, she has not shown that the BIA
abused its discretion in denying her motion. See De Morales v.
INS, 116 F.3d 145, 147 (5th Cir. 1997).
DENIED
2