Maria Rodriguez-Fregoso v. Merrick Garland ( 2022 )


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  •                               NOT FOR PUBLICATION                        FILED
    UNITED STATES COURT OF APPEALS                       MAY 20 2022
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    MARIA TRINDAD RODRIGUEZ-                        No.    15-72895
    FREGOSO,
    Agency No. A201-289-483
    Petitioner,
    v.                                             MEMORANDUM*
    MERRICK B. GARLAND, Attorney
    General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted May 17, 2022**
    Before:      CANBY, TASHIMA, and NGUYEN, Circuit Judges.
    Maria Trinidad Rodriguez-Fregoso, a native and citizen of Mexico, petitions
    for review of the Board of Immigration Appeals’ (“BIA”) order denying her
    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.
    *
    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).
    Oyeniran v. Holder, 
    672 F.3d 800
    , 806 (9th Cir. 2012). We deny the petition for
    review.
    The BIA did not abuse its discretion in denying Rodriguez-Fregoso’s motion
    to reopen where she failed to demonstrate that the evidence she sought to offer was
    not available and could not have been discovered or presented at the former
    hearing. See 
    8 C.F.R. § 1003.2
    (c)(1); Guzman v. I.N.S., 
    318 F.3d 911
    , 913 (9th
    Cir. 2003) (no abuse of discretion where evidence was previously available and
    capable of discovery prior to former hearing).
    The temporary stay of removal remains in place until issuance of the
    mandate.
    PETITION FOR REVIEW DENIED.
    2                                    15-72895
    

Document Info

Docket Number: 15-72895

Filed Date: 5/20/2022

Precedential Status: Non-Precedential

Modified Date: 5/20/2022