NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 24 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARCO MARTINEZ-SEREN, AKA Marco No. 19-72927 Martinez Seren, Agency No. A200-115-388 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 19, 2022** Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges. Marco Martinez-Seren, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and remand removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review the BIA’s denial of a motion to reopen and remand for abuse * 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). of discretion. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Martinez-Seren’s motion to reopen and remand to apply for cancellation of removal where he failed to establish prima facie eligibility for the relief sought. See Garcia v. Holder, 621 F.3d 906, 912 (9th Cir. 2010) (providing that a motion to reopen will not be granted absent a showing of prima facie eligibility for relief based on demonstrating “a reasonable likelihood that the statutory requirements for relief have been satisfied” (internal quotation marks and citation omitted)). We reject as unsupported by the record Martinez-Seren’s contentions that the BIA ignored evidence or otherwise erred in its analysis of his motion. PETITION FOR REVIEW DENIED. 2 19-72927 19-72927 Court of Appeals for the Ninth Circuit ca9 9th Cir. Marco Martinez Seren v. Merrick Garland 24 January 2022 Agency Unpublished e495c7263dec1d257c867f280c36946601ca0583
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals