Fabian Mancinas-Hernandez v. William Barr

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 21 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

FABIAN MANCINAS-HERNANDEZ, No. 18-71562 AKA Alonso Mancinas-Hernandez, Agency No. A201-022-232 Petitioner,

v. MEMORANDUM*

WILLIAM P. BARR, Attorney General,

Respondent.

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

Submitted October 15, 2019**

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.

Fabian Mancinas-Hernandez, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to

remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

discretion the denial of a motion to remand, and review de novo questions of law.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Vargas-Hernandez v. Gonzales, 497 F.3d 919, 921, 923 (9th Cir. 2007). We deny

the petition for review.

The BIA did not err, abuse its discretion, or violate due process in denying

Mancinas-Hernandez’s motion to remand, where he did not demonstrate that the

new evidence submitted would likely have changed the outcome of his case. See

Shin v. Mukasey, 547 F.3d 1019, 1025 (9th Cir. 2008) (a motion to remand must

show that “if proceedings were reopened, the new evidence would likely change

the result in the case” (citation omitted)); Lata v. INS, 204 F.3d 1241, 1246 (9th

Cir. 2000) (requiring error and substantial prejudice to prevail on a due process

claim).

PETITION FOR REVIEW DENIED.

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