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Magana v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2018
No. 16-70091 (9th Cir. Mar. 20, 2018)

Opinion

No. 16-70091

03-20-2018

JOSE LUIS ECHEVERRIA MAGANA, AKA Luis Lara, AKA Alejandro Mendez, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A200-158-029 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Jose Luis Echeverria Magana, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's 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, and we review de novo questions of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The agency did not abuse its discretion in denying Echeverria Magana's motion to reopen, where he did not include with the motion any applications or sufficient supporting documentation for the relief sought. See 8 C.F.R. § 1003.2(c)(1) ("A motion to reopen proceedings for the purpose of submitting an application for relief must be accompanied by the appropriate application for relief and all supporting documentation.").

We do not reach Echeverria Magana's contentions regarding sua sponte reopening. See Najmabadi, 597 F.3d at 986 (review is limited to the actual grounds relied upon by the BIA).

PETITION FOR REVIEW DENIED.


Summaries of

Magana v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2018
No. 16-70091 (9th Cir. Mar. 20, 2018)
Case details for

Magana v. Sessions

Case Details

Full title:JOSE LUIS ECHEVERRIA MAGANA, AKA Luis Lara, AKA Alejandro Mendez…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 20, 2018

Citations

No. 16-70091 (9th Cir. Mar. 20, 2018)