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10-72101•Erica Leon-De Jimenez v. ERIC H. HOLDER, Jr., Attorney General
10-72101Court of Appeals for the Ninth CircuitApr 19, 2012
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NOT FOR PUBLICATION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
ERICA LEON-DE JIMENEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72101
Agency No. A098-920-133
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Erica Leon-De Jimenez, 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 discretion the
denial of a motion to reopen, Garcia v. Holder, 621 F.3d 906, 912 (9th Cir. 2010),
FILED
APR 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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and we deny the petition for review.
The BIA did not abuse its discretion in denying Leon-De Jimenez’s motion
to reopen on the ground that the evidence she submitted regarding her daughter’s
depression and medical condition, and her father’s medical condition, was
insufficient to establish prima facie eligibility for cancellation of removal. See id.
(prima facie eligibility is demonstrated by a showing that there is a reasonable
likelihood that the statutory requirements for relief have been satisfied); Singh v.
INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (BIA’s denial of a motion to reopen shall
be reversed only if it is “arbitrary, irrational, or contrary to law.”).
PETITION FOR REVIEW DENIED.
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