Salvador Castro-Fuentes v. Loretta E. Lynch , 643 F. App'x 653 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 22 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SALVADOR CASTRO-FUENTES, No. 14-72736
Petitioner, Agency No. A077-104-763
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Salvador Castro-Fuentes, a native and citizen of El Salvador, petitions pro se
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 BIA’s denial of a motion
*
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).
to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the
petition for review.
The BIA did not abuse its discretion in denying Castro-Fuentes’ motion to
reopen because it was untimely and Castro-Fuentes did not establish materially
changed circumstances in El Salvador affecting his eligibility for relief as to
overcome the time limitation for motions to reopen. See 8 C.F.R. §
1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively
different” to warrant reopening). We reject Castro-Fuentes’ contention that the
BIA ignored evidence. See Najmabadi, 597 F.3d at 990-91 (the BIA adequately
considered the evidence and sufficiently announced its decision).
PETITION FOR REVIEW DENIED.
2 14-72736