Enrique Ceja-Amezcua v. Eric H. Holder Jr. , 382 F. App'x 564 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 03 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ENRIQUE CEJA-AMEZCUA, aka No. 09-70280
Enrique Ceja; et al.,
Agency Nos. A097-867-716
Petitioners, A097-867-737
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
San Francisco, California
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Enrique Ceja-Amezcua and his wife Maria Del Carmen Vazquez, natives
and citizens of Mexico, petition pro se for review of the Board of Immigration
*
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).
Appeals’ denial of their motion to reopen the underlying denial of their application
for cancellation of removal based on their failure to establish the requisite hardship
to their United States citizen children.
Petitioners introduced new evidence of hardship consisting of evidence that
their son Enrique was recently diagnosed with depression and a skin condition.
We conclude that the BIA properly considered the new evidence offered by
petitioners, and acted within its broad discretion in determining that the evidence
did not establish extreme hardship, and was insufficient to warrant reopening. See
Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2000) (the BIA’s denial of a motion to
reopen shall be reversed only if it is “arbitrary, irrational, or contrary to law”).
PETITION FOR REVIEW DENIED.
2 09-70280