Julio Martinez Miranda v. William Barr

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 23 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JULIO MARTINEZ MIRANDA, AKA No. 19-71129
Julio Salazar Maldonado, AKA Jose Edgar
Salazar Miranda, Agency No. A201-223-345
Petitioner,
MEMORANDUM*
v.
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 14, 2020**
Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.
Julio Martinez Miranda, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order 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. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.
*
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).
2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Martinez Miranda’s motion
to reopen, where he did not establish that the newly submitted evidence was
previously unavailable. See id. at 986 (BIA may deny a motion to reopen for
failure to introduce previously unavailable evidence). Martinez Miranda’s
contention that the BIA failed to meaningfully address the claims in his motion is
not supported.
PETITION FOR REVIEW DENIED.
2 19-71129