Salvador Castro-Fuentes v. Loretta E. Lynch

643 F. App'x 653

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 22, 2016
• Docket: 14-72736
• Status: Unpublished

Opinion

MEMORANDUM **

Salvador Castro-Fuentes, a native and citizen of El Salvador, petitions pro se for 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. We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Castro-Fuentes’ motion to reopen because it was untimely and Castro-Fuentes did not establish materially changed circumstances in El Salvador affecting his eligibility for relief as to overcome the time limitation for motions to reopen. See 8 C.F.R. § 1003.2(c)(83)(ii); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening). We reject Castro-Fuentes’ contention that the BIA ignored evidence. See Najmabadi, 597 F.3d at 990-91 (the BIA adequately considered the evidence and sufficiently announced its decision).

PETITION FOR REVIEW DENIED.

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