Salvador Ibarra-Nunez v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAR 10 2011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

SALVADOR IBARRA-NUNEZ, No. 08-74406

Petitioner, Agency No. A097-764-898

v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted February 15, 2011 **

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

Salvador Ibarra-Nunez, a native and citizen of Mexico, petitions for review

of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen

removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for

*
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).
abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002), we deny the

petition for review.

To the extent we have jurisdiction to review the BIA’s denial of Ibarra-

Nunez’s motion to reopen, see Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir.

2006), we conclude that the BIA did not abuse its discretion in determining that the

evidence was insufficient to warrant reopening. See Singh, 295 F.3d at 1039 (the

BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary,

irrational, or contrary to law”).

Ibarra-Nunez’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

2 08-74406