Elsa Orellana-Leon, et al v. Eric Holder, Jr., No. 09-70674 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED MAR 25 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ELSA ORELLANA-LEON; ANA ORELLANA, No. 09-70674 Agency Nos. A071-637-879 A071-637-880 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Elsa Orellana-Leon and Ana Orellano, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals ( BIA ) order dismissing their appeal from an immigration judge s ( IJ ) decision denying their motion to reopen proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252. * 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). Reviewing for abuse of discretion, Garcia v. INS, 222 F.3d 1208, 1209 (9th Cir. 2000) (per curiam), we deny the petition for review. The BIA did not abuse its discretion by denying petitioners request for reopening sua sponte rather than remanding for the IJ to first address their request. See 8 C.F.R. § 1003.1(d)(3)(ii) ( The Board may review questions of law, discretion, and judgment and all other issues in appeals from decisions of immigration judges de novo. ); see also Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir. 1995) ( Any error committed by the IJ will be rendered harmless by the Board s application of the correct legal standard. ). PETITION FOR REVIEW DENIED. 2 09-70674

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.