Maribel Salcedo-Guitierrez v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAY 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIBEL SALCEDO-GUTIERREZ, No. 08-74329
Petitioner, Agency No. A095-697-091
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Maribel Salcedo-Gutierrez, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order denying her
motion to reopen proceedings. We have jurisdiction under 8 U.S.C. §1252. We
*
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).
review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS,
321 F.3d 889, 894 (9th Cir. 2003). We deny the petition for review.
The BIA did not abuse its discretion in denying Salcedo-Gutierrez’s motion
to reopen because she failed to set forth any new facts or present new evidence to
challenge the agency’s previous finding regarding her lack of good moral
character. See 8 C.F.R. § 1003.2(c)(1) (providing that a motion to reopen “shall
state the new facts that will be proven at a hearing to be held if the motion is
granted and shall be supported by affidavits or other evidentiary material”); see
also 8 U.S.C. § 1101(f)(7) (stating that an alien who has served over 180 days in
prison may not establish good moral character).
PETITION FOR REVIEW DENIED.
2 08-74329