JOSE LUIS ECHEVERRIA MAGANA, AKA Luis Lara, AKA Alejandro Mendez v. JEFFERSON B. SESSIONS III, Attorney General

16-70091Court of Appeals for the Ninth Circuit20 mar 2018

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE LUIS ECHEVERRIA MAGANA,
AKA Luis Lara, AKA Alejandro Mendez,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-70091
Agency No. A200-158-029
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Jose Luis Echeverria Magana, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s order denying his motion to reopen removal proceedings. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
* 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
MAR 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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denial of a motion to reopen, and we review de novo questions of law. Najmabadi
v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The agency did not abuse its discretion in denying Echeverria Magana’s
motion to reopen, where he did not include with the motion any applications or
sufficient supporting documentation for the relief sought. See 8 C.F.R.
§ 1003.2(c)(1) (“A motion to reopen proceedings for the purpose of submitting an
application for relief must be accompanied by the appropriate application for relief
and all supporting documentation.”).
We do not reach Echeverria Magana’s contentions regarding sua sponte
reopening. See Najmabadi, 597 F.3d at 986 (review is limited to the actual grounds
relied upon by the BIA).
PETITION FOR REVIEW DENIED.

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