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Munoz-Lopez, v. Holder

United States Court of Appeals, Ninth Circuit
Apr 13, 2010
376 F. App'x 665 (9th Cir. 2010)

Opinion

No. 07-73788.

Submitted April 5, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed April 13, 2010.

Richard Flores Lemus, Esquire, Law Offices of Richard F. Lemus, Fullerton, CA, for Petitioner.

Jacob Bashyrov, Esquire, Sheri Robyn Glaser, Trial, James Arthur Hunolt, Senior Litigation Counsel, Oil, DOJ-U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A077-975-340.

Before: RYMER, MCKEOWN, and PAEZ, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Antonio Munoz-Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, De Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir. 2004), we deny the petition for review.

The BIA did not abuse its discretion in denying Munoz-Lopez's motion to reopen because he did not establish prima facie eligibility for adjustment of status. See INS v. Abudu, 485 U.S. 94, 104-05, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (holding that BIA may deny an alien's motion to reopen if alien is not prima facie eligible for relief sought).

PETITION FOR REVIEW DENIED.


Summaries of

Munoz-Lopez, v. Holder

United States Court of Appeals, Ninth Circuit
Apr 13, 2010
376 F. App'x 665 (9th Cir. 2010)
Case details for

Munoz-Lopez, v. Holder

Case Details

Full title:Antonio MUNOZ-LOPEZ, a.k.a. Jose Luis Hernandez-Torres, Petitioner, v…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 13, 2010

Citations

376 F. App'x 665 (9th Cir. 2010)