Jose GAVINO RIVERA, Petitioner, v. William P. BARR, Attorney General, Respondent.
Decided: September 11, 2020
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Jose Gavino Rivera, Pro Se Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Thankful Vanderstar, Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent
Jose Gavino Rivera, a native and citizen of Honduras, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Martinez-Hernandez v. Holder, 778 F.3d 1086, 1088 (9th Cir. 2015). We deny the petition for review.
The BIA did not abuse its discretion in denying Gavino Rivera's motion to reopen where he failed to establish prima facie eligibility for relief. See Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1228 (9th Cir. 2016) (the BIA may deny a motion to reopen for failure to establish prima facie eligibility for the relief sought); Shin v. Mukasey, 547 F.3d 1019, 1025 (9th Cir. 2008) (petitioners who seek to reopen proceedings “bear a ‘heavy burden’ of proving that, if proceedings were reopened, the new evidence would likely change the result in the case.” (citation omitted)).
As stated in the court's July 19, 2016 order, the temporary stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.
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