Ramirez Salazar v. Gonzales

229 F. App'x 636

Opinion

MEMORANDUM

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Carlos Noe Ramirez Salazar seeks review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), we deny the petition for review.

The BIA acted within its discretion in denying as untimely Ramirez Salazar’s motion to reopen to apply for protection under the Convention Against Torture because it was filed nearly one year after the BIA’s final removal order, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within 90 days of final administrative removal order), and he failed to demonstrate that it is more likely than not that he would be tortured if removed to Mexico, see 8 C.F.R. § 208.16(c)(2).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.