FELIPE GALARZA-GALLEGOS, AKA Felipe Gallegos v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FELIPE GALARZA-GALLEGOS, AKA
Felipe Gallegos,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-71009
Agency No. A200-626-843
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Felipe Galarza-Gallegos, a native and citizen of Mexico, petitions 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. Toufighi v. Mukasey,
* 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
OCT 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-71009
538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review.
The BIA did not abuse its discretion in denying Galarza-Gallegos’s untimely
motion to reopen, see 8 C.F.R. § 1003.2(c)(2), where Galarza-Gallegos failed to
demonstrate prima facie eligibility for relief, see Toufighi, 538 F.3d at 996; see
Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of persecution
“too speculative”). In light of our disposition, we do not reach Galarza-Gallegos’s
family social group contention.
PETITION FOR REVIEW DENIED.

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