NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 23 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARVIN ERICK VARGAS GARCIA, No. 18-70250 Petitioner, Agency No. A074-798-801 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 19, 2021** Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges. Marvin Erick Vargas Garcia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and remand. We have jurisdiction under 8 U.S.C. § 1252. We review 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). BIA’s denial of a motion to reopen and remand for abuse 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 Vargas Garcia’s motion to reopen and remand based on changed country conditions where he failed to establish prima facie eligibility for relief. See 8 C.F.R. § 1003.2(c)(3)(ii); Ramirez- Munoz v. Lynch, 816 F.3d 1226, 1228 (9th Cir. 2016) (the BIA may deny a motion to reopen for failure to establish prima facie eligibility for the relief sought); Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of persecution “too speculative”). We reject as unsupported by the record Vargas Garcia’s contention that the agency ignored evidence, misstated the record, or otherwise erred in its analysis of his motion. PETITION FOR REVIEW DENIED. 2 18-70250 18-70250 Court of Appeals for the Ninth Circuit ca9 9th Cir. Marvin Vargas Garcia v. Merrick Garland 23 July 2021 Agency Unpublished e0e07a642fdb6d2cf095d05e05ada278b7fe3335
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