Garcia v. Immigration and Naturalization Service

J. Sacramento Garcia, Maria L. Gomez Gamino, and Noel C. Garcia Gomez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals ("BIA") decision affirming the immigration judges ("IJ") denial of their motion to reopen deportation proceedings conducted in absentia. We have jurisdiction pursuant to 8 U.S.C. S 1105a(a). We review the denial of a motion to reopen for abuse of discretion. See Urbina-Osejo v. INS, 124 F.3d 1314, 1316 (9th Cir. 1997). We review de novo the BIAs " `determination of purely legal questions regarding the requirements of the Immigration and Nationality Act. " Tedeeva v. INS, 88 F.3d 826, 827 (9th Cir. 1996) (quoting Ghaly v. INS , 58 F.3d 1425, 1429 (9th Cir. 1995). We deny the petition.