Torres Flores v. Holder

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS RENE TORRES FLORES; ELSA No. 07-73506 GUILLERMINA TORRES; et al., Agency Nos. A095-309-347 Petitioners, A095-309-348 A095-309-349 v. A095-309-350 ERIC H. HOLDER Jr., Attorney General, MEMORANDUM * 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. Rene Torres Flores, his wife, Elsa Guillermina Torres, and their two minor children, natives and citizens of Mexico, petition pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen * 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 removal proceedings. We have jurisdiction under 8 U.S.C. § 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 Torres Flores’ motion to reopen because the BIA considered the evidence he 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 07-73506