Maria Rodriguez-Fregoso v. Merrick Garland

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 20, 2022
• Docket: 15-72895
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 20 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

MARIA TRINDAD RODRIGUEZ- No. 15-72895 FREGOSO, Agency No. A201-289-483 Petitioner,

v. MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted May 17, 2022**

Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.

Maria Trinidad Rodriguez-Fregoso, a native and citizen of Mexico, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order denying her

motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C.

§ 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen.

* 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). Oyeniran v. Holder, 672 F.3d 800, 806 (9th Cir. 2012). We deny the petition for

review.

The BIA did not abuse its discretion in denying Rodriguez-Fregoso’s motion

to reopen where she failed to demonstrate that the evidence she sought to offer was

not available and could not have been discovered or presented at the former

hearing. See 8 C.F.R. § 1003.2(c)(1); Guzman v. I.N.S., 318 F.3d 911, 913 (9th

Cir. 2003) (no abuse of discretion where evidence was previously available and

capable of discovery prior to former hearing).

The temporary stay of removal remains in place until issuance of the

mandate.

PETITION FOR REVIEW DENIED.

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