Danis Reyes v. Matthew G. Whitaker

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 7, 2019
• Docket: 17-3707
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-3707 ___________________________

Danis Flaudia Reyes

lllllllllllllllllllllPetitioner

v.

Matthew G. Whitaker, Acting Attorney General of the United States of America

lllllllllllllllllllllRespondent ____________

Petition for Review of an Order of the Board of Immigration Appeals ____________

Submitted: February 4, 2019 Filed: February 7, 2019 [Unpublished] ____________

Before BENTON, BOWMAN, and STRAS, Circuit Judges. ____________

PER CURIAM.

Guatemalan citizen Danis Flaudia Reyes petitions for review of an order of the Board of Immigration Appeals (BIA) denying her motion to reopen her removal proceedings. After careful review, we conclude that the BIA’s denial was not an abuse of its discretion. See Khrystotodorov v. Mukasey, 551 F.3d 775, 785 (8th Cir. 2008) (standard of review); 8 C.F.R. § 1003.2(c)(1) (“A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing . . . .”). We deny the petition. ______________________________

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