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Mario Alonso Delgado Salas and Claudia Ivonne Montes v. Eric H. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 20, 2011

MARIO ALONSO DELGADO SALAS AND CLAUDIA IVONNE MONTES ESPINOZA, PETITIONERS,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.

Agency Nos. A079-529-790; A079-529-791

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011*fn2

San Francisco, California Before: BEEZER, TALLMAN and CALLAHAN, Circuit Judges.

Mario Alonso Delgado Salas and Claudia Ivonne Montes Espinoza, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals' denial of their motion to reopen the underlying denial of their application for cancellation of removal based on their failure to establish the requisite hardship to their United States citizen child.

Petitioners introduced new evidence of hardship consisting of evidence that Claudia Espinoza has recently been diagnosed with "antepartum depression," and that she was approximately eighteen weeks pregnant at the time of filing the motion. We conclude that the BIA properly considered the new evidence offered by petitioners, and acted within its broad discretion in determining that the evidence did not establish extreme hardship to a qualifying relative for purposes of cancellation of removal, and therefore was insufficient to warrant reopening. See Sing v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (the BIA's denial of a motion to reopen shall be reversed on if it is "arbitrary, irrational, or contrary to law").

PETITION FOR REVIEW DENIED.


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