FILED
NOT FOR PUBLICATION JAN 05 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO ALVARADO-MANJIVAR, No. 06-70463
Petitioner, Agency No. A027-649-832
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Francisco Alvarado-Manjivar, a native and citizen of El Salvador, 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
*
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).
AP/Research
abuse of discretion the denial of a motion to reopen, Valeriano v. Gonzales, 474
F.3d 669, 672 (9th Cir. 2007), and we deny the petition for review.
The BIA acted within its broad discretion in determining the evidence
submitted with the motion to reopen was insufficient to warrant reopening. See
Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (The BIA’s denial of a motion to
reopen shall be reversed only if it is “arbitrary, irrational, or contrary to law.”).
Alvarado-Manjivar’s due process contention is unavailing.
PETITION FOR REVIEW DENIED.
AP/Research 2 06-70463