Sugey Milagros v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JAN 04 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SUGEY GUADARRAMA MILAGROS, No. 10-73677 Petitioner, Agency No. A089-091-495 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 19, 2011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges. Sugey Guadarrama Milagros, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of * 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). discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition for review. The BIA did not abuse its discretion in denying Guadarrama Milagros’ motion to reopen because it considered the evidence submitted and acted within its broad discretion in determining Guadarrama Milagros did not demonstrate prima facie eligibility for the relief sought. See INS v. Abudu, 485 U.S. 94, 104-05 (1988) (the BIA may deny a motion to reopen for failure to establish a prima facie case for the underlying relief sought). We reject Guadarrama Milagros’ contention that the BIA failed to address any of her claims. PETITION FOR REVIEW DENIED. 2 10-73677