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Molina-Solares v. Garland

United States Court of Appeals, Ninth Circuit
Oct 18, 2022
No. 16-70444 (9th Cir. Oct. 18, 2022)

Opinion

16-70444

10-18-2022

MARTA YOLANDA MOLINA-SOLARES, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted October 12, 2022

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

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A098-176-827

Before: SILVERMAN, GRABER, and BENNETT, Circuit Judges.

MEMORANDUM

Marta Yolanda Molina-Solares, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the 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 Molina-Solares' motion to reopen as untimely, where it was filed over five years after the final removal order, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of the final removal order), and Molina-Solares has not established changed country conditions in Guatemala to qualify for an exception to the filing deadline, see 8 U.S.C. § 1229a(c)(7)(C)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (movant must produce material evidence with motion to reopen that conditions in country of nationality had changed).

In light of this disposition, we do not reach Molina-Solares' remaining contentions regarding her eligibility for relief. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts are not required to decide issues unnecessary to the results they reach).

The temporary stay of removal remains in place until the mandate issues.

PETITION FOR REVIEW DENIED.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).


Summaries of

Molina-Solares v. Garland

United States Court of Appeals, Ninth Circuit
Oct 18, 2022
No. 16-70444 (9th Cir. Oct. 18, 2022)
Case details for

Molina-Solares v. Garland

Case Details

Full title:MARTA YOLANDA MOLINA-SOLARES, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 18, 2022

Citations

No. 16-70444 (9th Cir. Oct. 18, 2022)