De Leon Mazariegos v. Holder , 382 F. App'x 584 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 07 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
OSMI ELMER DE LEON No. 07-73752
MAZARIEGOS,
Agency No. A098-161-912
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Osmi Elmer De Leon Mazariegos, a native and citizen of Guatemala,
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1252. We review for abuse of discretion the denial of a motion to reopen. Perez
v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008). We deny the petition for review.
The BIA acted within its broad discretion in determining the evidence was
insufficient to establish changed country conditions in Guatemala. See Malty v.
Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (“The critical question is . . . whether
circumstances have changed sufficiently that a petitioner who previously did not
have a legitimate claim for asylum now has a well-founded fear of future
persecution.”).
Furthermore, the BIA did not abuse its discretion in denying the motion to
reopen where the new evidence De Leon Mazariegos presented with his motion
did not support prima facie eligibility for cancellation of removal. See Fernandez
v. Gonzales, 439 F.3d 592, 600 (9th Cir. 2006).
De Leon Mazariegos’ contention that the BIA failed to consider all the
evidence submitted with the motion fails, because he has not overcome the
presumption that the BIA reviewed the record. See id. at 603.
De Leon Mazariegos’ remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 07-73752