Richard Bernard v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAR 25 2011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

RICHARD BERNARD, No. 08-74526

Petitioner, Agency No. A071-781-322

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

Respondent.

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

Submitted March 8, 2011 **

Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.

Richard Bernard, a native and citizen of India, petitions for review of a

Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s decision denying his application for suspension of deportation

as a battered spouse, and denying his motion to reopen. We have jurisdiction

*
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).
under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual

determinations, Hernandez v. Ashcroft, 345 F.3d 824, 832 (9th Cir. 2003), and for

abuse of discretion the denial of a motion to reopen, Singh v. INS, 295 F.3d 1037,

1039 (9th Cir. 2002). We deny the petition for review.

Substantial evidence supports the BIA’s conclusion that Bernard failed to

establish he was battered or subject to extreme cruelty by his former spouse. See

8 U.S.C. § 1254(a)(3) (repealed 1996); cf. Hernandez, 345 F.3d at 840-41.

The BIA did not abuse its discretion by denying Bernard’s motion to

reopen, because his new evidence addressed only hardship resulting from removal

and did not address the dispositive finding that Bernard failed to show he had been

subjected to extreme cruelty or battery, and he therefore could not establish prima

facie eligibility for suspension of deportation as a battered spouse. See Singh, 295

F.3d at 1039 (The BIA’s denial of a motion to reopen shall be reversed if it is

“arbitrary, irrational, or contrary to law.”).

PETITION FOR REVIEW DENIED.

2 08-74526