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Tisnado v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 13, 2018
No. 17-72041 (9th Cir. Apr. 13, 2018)

Opinion

No. 17-72041

04-13-2018

SANDRA YANETH TISNADO, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A209-300-064 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

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

Sandra Yaneth Tisnado, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen and to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA's ruling on a motion to reopen and a motion to reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review.

We do not consider the materials attached to Tisnado's opening brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc).

The BIA did not abuse its discretion in denying Tisnado's motion to reopen, because she failed to offer evidence that was not available and could not have been discovered or presented at Tisnado's former hearing. See 8 C.F.R. § 1003.2(c)(1); Goel v. Gonzales, 490 F.3d 735, 738-39 (9th Cir. 2007) (discussing the evidentiary requirements for a motion to reopen).

The BIA also did not abuse its discretion in denying Tisnado's motion to reconsider her claims, because she failed to identify a legal or factual error in the BIA's prior decision. See 8 C.F.R. § 1003.2(b)(1) (a motion to reconsider must identify errors of fact or law in a prior decision); Ma v. Ashcroft, 361 F.3d 553, 558 (9th Cir. 2004) (discussing the standard for a motion to reconsider).

PETITION FOR REVIEW DENIED.


Summaries of

Tisnado v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 13, 2018
No. 17-72041 (9th Cir. Apr. 13, 2018)
Case details for

Tisnado v. Sessions

Case Details

Full title:SANDRA YANETH TISNADO, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 13, 2018

Citations

No. 17-72041 (9th Cir. Apr. 13, 2018)