Cardoso-Caetano v. Holder

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 21 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS ELISANGELA OLIVEIRA CARDOSO- No. 07-71956 CAETANO, Agency No. A097-344-094 Petitioner, 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. Elisangela Oliveira Cardoso-Caetano, a native and citizen of Brazil, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. * 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). AR/Research § 1252. We review for abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 345 F.3d 777, 782 (9th Cir. 2003), and we deny the petition for review. The BIA did not abuse its discretion by denying the motion to reopen because the BIA considered the evidence Cardoso-Caetano submitted and acted within its broad discretion in determining that the evidence 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 if it is “arbitrary, irrational, or contrary to law.”). PETITION FOR REVIEW DENIED. AR/Research 2 07-71956