Oracio Sanchez-Reyna, a.k.a. Horacio Sanchez-Reyna v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ORACIO SANCHEZ-REYNA, a.k.a.
Horacio Sanchez-Reyna,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Nos. 08-71230
08-74241
Agency No. A098-263-554
MEMORANDUM*
On Petitions for Review of Orders of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
In these consolidated petitions, Oracio Sanchez-Reyna, a native and citizen
of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”)
orders denying his motions to reopen removal proceedings. We have jurisdiction
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
FILED
OCT 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71230 2
reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). In No. 08-71230,
we deny the petition for review. In No. 08-74241, we deny in part and remand in
part the petition for review.
The BIA did not abuse its discretion by denying Sanchez-Reyna’s motions
to reopen because the BIA considered the evidence he submitted and acted within
its broad discretion in determining that the evidence was either not material, not
new, or insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039
(9th Cir. 2002) (BIA’s denial of a motion to reopen shall be reversed if it is
“arbitrary, irrational, or contrary to law”).
In its September 4, 2008, order, the BIA abused its discretion by concluding
that Sanchez-Reyna overstayed his voluntary departure period. As both parties
agree, Sanchez-Reyna obtained a temporary stay of voluntary departure when he
timely petitioned for review of the BIA’s prior February 21, 2008, order, and
moved to stay his voluntary departure prior to its expiration. We therefore remand
No. 08-74241 to the BIA for the limited purpose of reinstating Sanchez-Reyna’s
remaining voluntary departure period.
In No. 08-71230: PETITION FOR REVIEW DENIED.
In No. 08-74241: PETITION FOR REVIEW DENIED in part;
REMANDED in part.

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