Opinion
19-71103
05-27-2022
JORGE EDUARDO JIMENEZ-ARAUJO, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
Submitted May 17, 2022
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A097-911-262
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
MEMORANDUM [*]
Jorge Eduardo Jimenez-Araujo, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny the petition for review.
The BIA did not abuse its discretion by denying Jimenez-Araujo's motion to reopen, because he did not introduce new evidence that would likely have changed the outcome of his case. 8 C.F.R. § 1003.2(c)(1); Shin v. Mukasey, 547 F.3d 1019, 1025 (9th Cir. 2008) (applicants who seek to "reopen proceedings to pursue relief bear a 'heavy burden' of proving that, if proceedings were reopened, the new evidence would likely change the result in the case" (quoting Matter of Coelho, 20 I. & N. Dec. 464, 473 (BIA 1992))).
The temporary stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.
[*] 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).