NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 14 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT TOMAS LUNDES PEREZ, No. 18-72313 Petitioner, Agency No. A077-056-012 v. MEMORANDUM* JEFFREY A. ROSEN, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 12, 2021** Pasadena, California Before: WATFORD, FRIEDLAND, and BENNETT, Circuit Judges. Petitioner Tomas Lundes Perez petitions for review of the decision of the Board of Immigration Appeals (BIA), which denied his motion to reopen.1 Lundes * 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). 1 Lundes Perez’s original applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) were denied by the Immigration Judge (IJ). Those denials were affirmed by the BIA, and by this court Perez contends that the BIA erred by failing to explain why “medical evidence demonstrating numerous types of mental incapacity fell short of qualifying as an indicium of incompetence.” He also argues that the BIA erred by failing to explain why the agency did “not exercise its sua sponte authority to reopen” his case. Lastly, he argues that the BIA erred in deeming his motion untimely. We have jurisdiction under 8 U.S.C. § 1252 and review the BIA’s decision for abuse of discretion. Agonafer v. Sessions, 859 F.3d 1198, 1203 (9th Cir. 2017). We deny the petition. Lundes Perez is a 73-year-old native and citizen of Mexico. He immigrated to the United States in January 1975. He is presently wheelchair bound and is unable to care for himself. Lundes Perez has applied for adjustment of status twice, through two of his U.S. citizen children, but both applications have been denied. During Lundes Perez’s removal proceedings in 2013, he testified that he was afraid to return to Mexico because he thought the cartels would perceive him as having money given that he would be returning from the United States. The IJ issued an oral decision denying Lundes Perez’s application. As noted, the BIA affirmed, and we denied the petition for review in 2017. on November 20, 2017, see Lundes Perez v. Sessions, 703 F. App’x 545 (9th Cir. 2017). This disposition includes only facts relevant to Lundes Perez’s motion to reopen. 2 Lundes Perez filed a motion to reopen his case in 2018, which the BIA denied. In his motion to reopen, Lundes Perez argued that the IJ should have held a competency hearing before proceeding to the merits, consistent with the holding of Matter of M-A-M-, 25 I. & N. Dec. 474, 479–80 (BIA 2011). Lundes Perez submitted a letter from Dr. Flores, a psychologist, which indicated that Lundes Perez had been treated for depression, anxiety, and senile dementia between October 2011 and October 2013. Lundes Perez also submitted a March 2018 psychological ...
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