Melvin Moraga Alvarez v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 20 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MELVIN MORAGA ALVAREZ, No. 16-70194 Petitioner, Agency No. A074-807-615 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 12, 2022** Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges. Melvin Moraga Alvarez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. * 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). Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review. The BIA did not abuse its discretion in denying Moraga Alvarez’s second motion to reopen as untimely and number-barred, where it was filed eleven years after the order of removal became final and Moraga Alvarez has not established prima facie eligibility for relief to qualify for the regulatory exception to the filing deadline. See 8 C.F.R. § 1003.2(c)(1), (3)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (evidence must demonstrate prima facie eligibility for relief to warrant reopening based on changed country conditions). The temporary stay of removal remains in place until the issuance of the mandate. PETITION FOR REVIEW DENIED. 2 16-70194 16-70194 Court of Appeals for the Ninth Circuit ca9 9th Cir. Melvin Moraga Alvarez v. Merrick Garland 20 July 2022 Agency Unpublished 44248e5a5681f31cecbe35bb74c1de2f9c30fb63

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