Petitioner's petition for review of the BIA's order denying his petition to reopen is denied where: 1) the record reflected that the BIA fully considered the evidence submitted by Petitioner; and 2) Petitioner's challenges to the BIA's factual assumptions could not be recast as constitutional claims falling under the jurisdictional safe-harbor of 8 U.S.C. section 1252(a)(2)(D).
APPEAL FROM THE BOARD OF IMMIGRATION APPEALS PETITION FOR REVIEW
Filed on June 17, 2009
Before O'BRIEN, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.
Opinion by O'BRIEN, Circuit Judge.
Submitted on the briefs. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal.
Daniel F. Boyle, Denver, Colorado, for Petitioner.
Mark C. Walters, Assistant Director, Joanne E. Johnson, Attorney, Department of
Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.