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Mejia v. Garland

United States Court of Appeals, Ninth Circuit
Oct 26, 2022
No. 20-70231 (9th Cir. Oct. 26, 2022)

Opinion

20-70231

10-26-2022

ALBERTO SANCHEZ MEJIA, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted October 21, 2022

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A099-739-956

Before: KLEINFELD, CHRISTEN, and BUMATAY, Circuit Judges.

MEMORANDUM [*]

Petitioner Alberto Sanchez Mejia requests us to review the Board of Immigration Appeals's denial of his motion to reopen his removal proceedings based on changed country conditions and his request for the Board to reopen the proceedings sua sponte. The petition is denied.

For Petitioner's motion to reopen proceedings based on changed country conditions, we have jurisdiction to review the Board's decision under 8 U.S.C. § 1252(a). See Kucana v. Holder, 558 U.S. 233, 253 (2010). We review the Board's decision for abuse of discretion. Perez-Camacho v. Garland, 42 F.4th 1103, 1107 (9th Cir. 2022). We find no abuse of discretion by the Board. Petitioner moves to reopen based on changed country conditions pursuant to 8 U.S.C. § 1229a(c)(7)(C)(ii). The Board did not abuse its discretion when it concluded that Petitioner did not provide evidence demonstrating materially changed country conditions subsequent to his previous hearing.

We lack jurisdiction to review the Board's determination not to reopen sua sponte because no legal or constitutional error was demonstrated. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016); Lona v. Barr, 958 F.3d 1225, 1234 (9th Cir. 2020).

The petition for review is 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

Mejia v. Garland

United States Court of Appeals, Ninth Circuit
Oct 26, 2022
No. 20-70231 (9th Cir. Oct. 26, 2022)
Case details for

Mejia v. Garland

Case Details

Full title:ALBERTO SANCHEZ MEJIA, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 26, 2022

Citations

No. 20-70231 (9th Cir. Oct. 26, 2022)