Rocio Ruiz Perales, et al v. Eric H. Holder Jr., No. 08-73426 (9th Cir. 2010)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT OCT 25 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS ROCIO RUIZ PERALES, Petitioner, No. 08-73426 Agency No. A095-305-045 v. ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM * Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Rocio Ruiz Perales, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion 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 reopen, and review de novo questions * 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). of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review. Contrary to Ruiz Perales contention, the BIA applied the correct legal standard in denying her motion to reopen. See Ordonez v. INS, 345 F.3d 777, 785 (9th Cir. 2003). The BIA acted within its broad discretion in determining that the evidence submitted with Ruiz Perales motion 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 ). PETITION FOR REVIEW DENIED. 2 08-73426

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