Martinez-Martinez v. Holder

FILED
NOT FOR PUBLICATION JAN 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUZ MARIA MARTINEZ-MARTINEZ, No. 07-71873
Petitioner, Agency No. A077-062-204
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Luz Maria Martinez-Martinez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen. We have jurisdiction pursuant to 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 finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
KS/Research
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 provided adequate consideration of the supporting evidence
Martinez-Martinez submitted with her motion, including the psychological
evaluation of her U.S. citizen son, and acted within its broad discretion in
determining that the evidence was insufficient to warrant reopening. See Lopez v.
Ashcroft, 366 F.3d 799, 807 n.6 (9th Cir. 2004) (BIA is required to “consider the
issues raised, and announce its decision in terms sufficient to enable a reviewing
court to perceive that it has heard and thought and not merely reacted”) (citation
omitted).
PETITION FOR REVIEW DENIED.
KS/Research 2 07-71873