Jorge Jimenez-Araujo v. Merrick Garland ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 27 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE EDUARDO JIMENEZ-ARAUJO, No. 19-71103
Petitioner, Agency No. A097-911-262
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.
Jorge Eduardo Jimenez-Araujo, a native and citizen of Guatemala, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reopen. Cano-Merida v.
*
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).
INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny the petition for review.
The BIA did not abuse its discretion by denying Jimenez-Araujo’s motion to
reopen, because he did not introduce new evidence that would likely have changed
the outcome of his case. 8 C.F.R. § 1003.2(c)(1); Shin v. Mukasey, 547 F.3d 1019,
1025 (9th Cir. 2008) (applicants who seek to “reopen proceedings to pursue relief
bear a ‘heavy burden’ of proving that, if proceedings were reopened, the new
evidence would likely change the result in the case” (quoting Matter of Coelho, 20
I. & N. Dec. 464, 473 (BIA 1992))).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
2 19-71103