Francisco Alvarado-Manjivar v. ERIC H. HOLDER Jr., Attorney General

06-70463Court of Appeals for the Ninth Circuit5 de jan. de 2010

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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).
AP/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANCISCO ALVARADO-MANJIVAR,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-70463
Agency No. A027-649-832
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Francisco Alvarado-Manjivar, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
JAN 05 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AP/Research 06-70463 2
abuse of discretion the denial of a motion to reopen, Valeriano v. Gonzales, 474
F.3d 669, 672 (9th Cir. 2007), and we deny the petition for review.
The BIA acted within its broad discretion in determining the evidence
submitted with the motion to reopen 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 only if it is “arbitrary, irrational, or contrary to law.”).
Alvarado-Manjivar’s due process contention is unavailing.
PETITION FOR REVIEW DENIED.

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