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Martinez-Seren v. Garland

United States Court of Appeals, Ninth Circuit
Jan 24, 2022
No. 19-72927 (9th Cir. Jan. 24, 2022)

Opinion

19-72927

01-24-2022

MARCO MARTINEZ-SEREN, AKA Marco Martinez Seren, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted January 19, 2022 [**]

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A200-115-388

Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.

MEMORANDUM [*]

Marco Martinez-Seren, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen and remand removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review the 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 Martinez-Seren's motion to reopen and remand to apply for cancellation of removal where he failed to establish prima facie eligibility for the relief sought. See Garcia v. Holder, 621 F.3d 906, 912 (9th Cir. 2010) (providing that a motion to reopen will not be granted absent a showing of prima facie eligibility for relief based on demonstrating "a reasonable likelihood that the statutory requirements for relief have been satisfied" (internal quotation marks and citation omitted)).

We reject as unsupported by the record Martinez-Seren's contentions that the BIA ignored evidence or otherwise erred in its analysis of his motion.

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).


Summaries of

Martinez-Seren v. Garland

United States Court of Appeals, Ninth Circuit
Jan 24, 2022
No. 19-72927 (9th Cir. Jan. 24, 2022)
Case details for

Martinez-Seren v. Garland

Case Details

Full title:MARCO MARTINEZ-SEREN, AKA Marco Martinez Seren, Petitioner, v. MERRICK B…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 24, 2022

Citations

No. 19-72927 (9th Cir. Jan. 24, 2022)