Julio Najera-Mejia v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 16 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JULIO CESAR NAJERA-MEJIA, No. 16-71222
Petitioner, Agency No. A073-000-124
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 9, 2020**
Before: THOMAS, Chief Judge, TASHIMA and W. FLETCHER, Circuit Judges.
Julio Cesar Najera-Mejia, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his motion to reopen. 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 of law. Iturribarria v. INS, 321
*
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).
F.3d 889, 894 (9th Cir. 2003). We deny the petition for review.
The agency did not err in concluding that Najera-Mejia’s motion to reopen is
barred by 8 U.S.C. § 1231(a)(5). See Padilla Cuenca v. Barr, 956 F.3d 1079,
1085-87 (9th Cir. 2020) (“[8 U.S.C.] § 1231(a)(5) bars reopening a removal order
that has been reinstated following [a noncitizen’s] unlawful reentry into the United
States”).
To the extent Najera-Mejia’s motion falls within an exception to the bar at
8 U.S.C. § 1231(a)(5), the agency did not err or abuse its discretion in denying the
motion for failure to establish exceptional circumstances. See 8 U.S.C.
§ 1229a(e)(1); Valencia-Fragoso v. INS, 321 F.3d 1204, 1205-06 (9th Cir. 2003)
(no exceptional circumstances where petitioner misunderstood the time of her
hearing).
The BIA provided sufficient reasoning in its decision. See Najmabadi v.
Holder, 597 F.3d 983, 990 (9th Cir. 2010).
PETITION FOR REVIEW DENIED.
2 16-71222