FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 15, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court KAREN VIOLETA FLORES-ARGUETA, AKA Karen Violeta Flores, Petitioner, No. 18-9556 v. (Petition for Review) MATTHEW G. WHITAKER, acting United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, McHUGH, and CARSON, Circuit Judges. _________________________________ Karen Violeta Flores-Argueta, a native and citizen of El Salvador, petitions for review of the denial by the Board of Immigration Appeals (BIA) of her motion to reopen her removal proceedings. At the proceedings before the immigration judge (IJ), she admitted removability and the IJ ruled that she was not eligible for relief from removal to El Salvador. The IJ determined that she was not eligible for cancellation of removal * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. under 8 U.S.C. § 1229b(b) because she had been convicted of assault with a deadly weapon in California, which is a crime involving moral turpitude under 8 U.S.C. § 1182(a)(2). See Matter of Wu, 27 I. & N. Dec. 8, 9 (B.I.A. 2017). The IJ also determined that she was not entitled to asylum or withholding of removal because she had not presented evidence showing that she would face persecution in El Salvador on the basis of a protected characteristic, and that she was not entitled to protection under the Convention Against Torture. The BIA upheld the IJ’s decision and dismissed Flores-Argueta’s appeal. She did not petition for review of that decision but did file with the BIA a motion to reopen, seeking to submit additional evidence. See Alzainati v. Holder, 568 F.3d 844, 847 n.2 (10th Cir. 2009) (“A motion to reopen seeks to present evidence that is material and was not available and could not have been discovered or presented at the former hearing.” (internal quotation marks omitted)). The BIA denied the motion, and Flores-Argueta now petitions this court for review. Denial of a motion to reopen is a “final, separately appealable order,” which we have jurisdiction to review. See Infanzon v. Ashcroft, 386 F.3d 1359, 1361 (10th Cir. 2004). We deny the petition for review. Flores-Argueta’s petition for review raises two arguments: (1) she should have been allowed to present additional evidence that her daughter had submitted an I-130 form that might allow her to apply for adjustment of status or permanent residency; and (2) she should have been allowed to present additional evidence that her California assault conviction had been reclassified as a misdemeanor conviction. ...
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