NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 21 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANTONIO GUILLEN-ESTRADA, No. 18-70158 Petitioner, Agency No. A029-638-020 v. MEMORANDUM* MATTHEW G. WHITAKER, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 17, 2018** Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges. Antonio Guillen-Estrada, a native and citizen of Mexican, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of * 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). discretion the denial of a motion to reopen and review de novo questions of law, including claims of due process violations. Singh v. Ashcroft, 367 F.3d 1182, 1185 (9th Cir. 2004). We deny the petition for review. The BIA did not abuse its discretion in denying Guillen-Estrada’s motion to reopen where he failed to establish prima facie eligibility for asylum, withholding of removal, or relief under the Convention Against Torture. See Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (the BIA can deny a motion to reopen for failure to establish prima facie eligibility for the relief sought); Bolshakov v. I.N.S., 133 F.3d 1279, 1280–81 (9th Cir. 1998) (denying a motion to reopen despite extortionist demands). We reject Guillen-Estrada’s contention that his due process rights were violated, Vargas-Hernandez v. Gonzales, 497 F.3d 919, 926-27 (9th Cir. 2007), and we reject his contention that the BIA engaged in improper fact finding. Guillen-Estrada’s motion to file a late reply brief is granted. PETITION FOR REVIEW DENIED. 2 18-70158 18-70158 Court of Appeals for the Ninth Circuit ca9 9th Cir. Antonio Guillen-Estrada v. Matthew Whitaker 21 December 2018 Agency Unpublished 115d18c7e677aac9db57a16b9cc62e3c41724f68
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals