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finding that an ALJ implicitly considered Plaintiff's obesity by relying on medical reports that repeatedly noted the plaintiff's obesity and provided an overall assessment of the plaintiff's work-related limitations
Summary of this case from Smith v. ColvinOpinion
No. 14-72736
03-22-2016
SALVADOR CASTRO-FUENTES, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A077-104-763 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Salvador Castro-Fuentes, a native and citizen of El Salvador, 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 BIA's denial of a motion to reopen. 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 Castro-Fuentes' motion to reopen because it was untimely and Castro-Fuentes did not establish materially changed circumstances in El Salvador affecting his eligibility for relief as to overcome the time limitation for motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence must be "qualitatively different" to warrant reopening). We reject Castro-Fuentes' contention that the BIA ignored evidence. See Najmabadi, 597 F.3d at 990-91 (the BIA adequately considered the evidence and sufficiently announced its decision).
PETITION FOR REVIEW DENIED.