Ramirez-Montenegro v. Garland

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 30, 2023
• Docket: 21-84
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 30 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

MARGARITO ANTONIO RAMIREZ- No. 21-84 MONTENEGRO, Agency No. A095-743-797 Petitioner,

v. MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted May 16, 2023**

Before: BENNETT, MILLER, and VANDYKE, Circuit Judges.

Margarito Antonio Ramirez-Montenegro, a native and citizen of

Guatemala, petitions pro se for review of the Board of Immigration Appeals’

(“BIA”) order denying his motion to terminate proceedings, and alternatively, to

reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252.

We review for abuse of discretion the denial of a motion to terminate,

* 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). Dominguez v. Barr, 975 F.3d 725, 734 (9th Cir. 2020), and the denial of a

motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We

dismiss in part and deny in part the petition for review.

Because Ramirez-Montenegro does not challenge the BIA’s denial of his

request to terminate, we do not address it. See Lopez-Vasquez v. Holder, 706

F.3d 1072, 1079-80 (9th Cir. 2013).

Ramirez-Montenegro’s contentions regarding an insufficient notice to

appear are foreclosed. See United States v. Bastide-Hernandez, 39 F.4th

1187, 1188, 1193 (9th Cir. 2022) (en banc) (lack of hearing information in

notice to appear does not deprive immigration court of subject matter

jurisdiction, and 8 C.F.R. § 1003.14(a) is satisfied when later notice provides

hearing information).

The BIA did not abuse its discretion in denying Ramirez-Montenegro’s

motion to reopen to apply for cancellation of removal where he failed to

demonstrate prima facie eligibility for the relief sought. See Garcia v. Holder,

621 F.3d 906, 912 (9th Cir. 2010) (a motion to reopen will not be granted absent

a showing of prima facie eligibility for relief based on demonstrating “a

reasonable likelihood that the statutory requirements for relief have been

satisfied” (internal quotation marks and citation omitted)).

We lack jurisdiction to review the BIA’s denial of sua sponte reopening

where Ramirez-Montenegro has not raised a legal or constitutional error. See

Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (“[T]his court has

2 21-84 jurisdiction to review Board decisions denying sua sponte reopening for the

limited purpose of reviewing the reasoning behind the decisions for legal or

constitutional error.”).

The temporary stay of removal remains in place until the mandate issues.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

3 21-84