ERICA JIMENEZ V. ERIC HOLDER, JR., No. 10-72101 (9th Cir. 2012)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 19 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ERICA LEON-DE JIMENEZ, Petitioner, No. 10-72101 Agency No. A098-920-133 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. 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), * 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). 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.

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.