Jose Echeverria Magana v. Sally Q. Yates

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE LUIS ECHEVERRIA MAGANA, No. 16-70091 AKA Luis Lara, AKA Alejandro Mendez, Agency No. A200-158-029 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 13, 2018** Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges. Jose Luis Echeverria Magana, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the * 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). denial of a motion to reopen, and we review de novo questions of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review. The agency did not abuse its discretion in denying Echeverria Magana’s motion to reopen, where he did not include with the motion any applications or sufficient supporting documentation for the relief sought. See 8 C.F.R. § 1003.2(c)(1) (“A motion to reopen proceedings for the purpose of submitting an application for relief must be accompanied by the appropriate application for relief and all supporting documentation.”). We do not reach Echeverria Magana’s contentions regarding sua sponte reopening. See Najmabadi, 597 F.3d at 986 (review is limited to the actual grounds relied upon by the BIA). PETITION FOR REVIEW DENIED. 2 16-70091 16-70091 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jose Echeverria Magana v. Sally Q. Yates 20 March 2018 Agency Unpublished 689c96cdb063009e6b9db38bf670adb38e9470e5

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