Anoop Sogy v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUL 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANOOP SOGY, No. 10-70847
Petitioner, Agency No. A098-372-409
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Anoop Sogy, a native of the Philippines and a citizen of India, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
*
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).
discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894
(9th Cir. 2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying Sogy’s motion to reopen
where Sogy’s claims could have been raised in his prior proceedings before the
agency. See Mondragon v. INS, 625 F.2d 270, 272 (9th Cir. 1980); see also Singh
v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (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 10-70847