Felipe Rivera-Beltran v. Loretta Lynch , 671 F. App'x 655 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FELIPE RIVERA-BELTRAN, AKA No. 15-71342
Felipe De Jesus Beltran
Agency No. A200-086-141
Petitioner,
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Felipe Rivera-Beltran, 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 denial of a motion to reopen and review de novo questions
*
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).
of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the
petition for review.
The BIA did not abuse its discretion or violate due process in concluding
that the new evidence submitted with Rivera-Beltran’s motion did not warrant
reopening. Contrary to Rivera-Beltran’s contentions, the BIA’s order indicates
that it adequately considered the new evidence and sufficiently explained its
decision. See id. at 990-91 (“What is required is merely that [the BIA] consider the
issues raised, and announce its decision in terms sufficient to enable a reviewing
court to perceive that it has heard and thought and not merely reacted.” (internal
quotation marks omitted)). The BIA did not err in failing to specifically address
Rivera-Beltran’s general statement that he is aware he has made mistakes and has
“accomplished many changes in [his] life” as evidence of rehabilitation. See id.PETITION FOR REVIEW DENIED.
2 15-71342