Agasino v. Holder , 355 F. App'x 1001 ( 2009 )


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  •                            NOT FOR PUBLICATION
    UNITED STATES COURT OF APPEALS                         FILED
    FOR THE NINTH CIRCUIT                           DEC 10 2009
    MOLLY C. DWYER, CLERK
    U .S. C O U R T OF APPE ALS
    MARIA SOCORRO AGASINO,                           No. 05-71468
    Petitioner,                         Agency No. A092-177-125
    v.
    MEMORANDUM *
    ERIC H. HOLDER Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted December 8, 2009 **
    San Francisco, California
    Before: O’SCANNLAIN, RAWLINSON and BEA, Circuit Judges.
    Maria Socorro Agasino (Agasino) petitions for review of a Board of
    Immigration Appeals’ (BIA) decision denying her petition to reopen her case to
    seek relief pursuant to 
    8 U.S.C. § 1182
    (c).
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously finds this case suitable for decision without
    oral argument. See Fed. R. App. P. 34(a)(2).
    Agasino raised the argument that retroactive application of the expanded
    “aggravated felony” definition violates due process in her prior petition, so it is
    now barred by the doctrine of issue preclusion. See In re Reynoso, 
    477 F.3d 1117
    ,
    1122 (9th Cir. 2007). Likewise, Agasino could have raised her claim that
    application of the expanded definition violates her right to equal protection, so that
    claim is barried by the doctrine of claim preclusion. See United States v. Bhatia,
    
    545 F.3d 757
    , 759 (9th Cir. 2008). Because Agasino is not entitled to relief, the
    BIA acted within its discretion when it denied Agasino’s motion to reopen
    proceedings. See Bunty Ngaeth v. Mukasey, 
    545 F.3d 796
    , 799-800 (9th Cir.
    2008).
    PETITION FOR REVIEW DENIED.
    2
    

Document Info

Docket Number: 05-71468

Citation Numbers: 355 F. App'x 1001

Filed Date: 12/10/2009

Precedential Status: Non-Precedential

Modified Date: 10/19/2024