MARTINEZ MIRANDA v. BARR (2020)

United States Court of Appeals, Ninth Circuit.

Julio MARTINEZ MIRANDA, aka Julio Salazar Maldonado, aka Jose Edgar Salazar Miranda, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 19-71129

Decided: July 23, 2020

Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.

John E. Ricci, Ricci Sprouls PC, San Francisco, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, Rodolfo D. Saenz, Esquire, Trial Attorney, DOJ - U.S. Department of Justice Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Julio Martinez Miranda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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 Martinez Miranda's motion to reopen, where he did not establish that the newly submitted evidence was previously unavailable. See id. at 986 (BIA may deny a motion to reopen for failure to introduce previously unavailable evidence). Martinez Miranda's contention that the BIA failed to meaningfully address the claims in his motion is not supported.

PETITION FOR REVIEW DENIED.

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