MARCO MARTINEZ-SEREN, AKA Marco Martinez Seren v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCO MARTINEZ-SEREN, AKA Marco
Martinez Seren,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 19-72927
Agency No. A200-115-388
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 19, 2022**
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
Marco Martinez-Seren, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen and remand removal proceedings. We have jurisdiction under 8 U.S.C.
§ 1252. We review the BIA’s denial of a motion to reopen and remand for abuse
* 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).
FILED
JAN 24 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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of discretion. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). We
deny the petition for review.
The BIA did not abuse its discretion in denying Martinez-Seren’s motion to
reopen and remand to apply for cancellation of removal where he failed to
establish prima facie eligibility for the relief sought. See Garcia v. Holder, 621
F.3d 906, 912 (9th Cir. 2010) (providing that 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 reject as unsupported by the record Martinez-Seren’s contentions that
the BIA ignored evidence or otherwise erred in its analysis of his motion.
PETITION FOR REVIEW DENIED.

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