Mendoza Jimenez v. Holder , 361 F. App'x 861 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 08 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANGELA MENDOZA JIMENEZ; HUGO No. 07-72165
MENDOZA,
Agency Nos. A076-381-894
Petitioners, A076-381-896
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Angela Mendoza Jimenez and her son, Hugo Mendoza, natives and citizens
of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order
denying their motion to reopen removal proceedings. We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
LR/Research
pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a
motion to reopen, Ochoa-Amaya v. Gonzalez, 479 F.3d 989, 992 (9th Cir. 2007),
and we deny the petition for review.
The BIA did not abuse its discretion in denying the motion to reopen where
petitioners did not demonstrate prima facie eligibility for adjustment of
status because their priority date was not current. See id. at 992-93.
PETITION FOR REVIEW DENIED.
LR/Research 2 07-72165