Maria Rodriguez-Fregoso v. Merrick Garland

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 20 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA TRINDAD RODRIGUEZ- No. 15-72895
FREGOSO,
Agency No. A201-289-483
Petitioner,
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.
Maria Trinidad Rodriguez-Fregoso, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying her
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 to reopen.
*
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).
Oyeniran v. Holder, 672 F.3d 800, 806 (9th Cir. 2012). We deny the petition for
review.
The BIA did not abuse its discretion in denying Rodriguez-Fregoso’s motion
to reopen where she failed to demonstrate that the evidence she sought to offer was
not available and could not have been discovered or presented at the former
hearing. See 8 C.F.R. § 1003.2(c)(1); Guzman v. I.N.S., 318 F.3d 911, 913 (9th
Cir. 2003) (no abuse of discretion where evidence was previously available and
capable of discovery prior to former hearing).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
2 15-72895