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FILED NOT FOR PUBLICATION MAR 10 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SALVADOR IBARRA-NUNEZ, No. 08-74406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