VARGAS GARCIA v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.

Marvin Erick VARGAS GARCIA, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

No. 18-70250

Decided: July 23, 2021

Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.

Brian Patrick Casson, Esquire, Northern Virginia Immigration Law Firm, PLLC, Falls Church, VA, for Petitioner. Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Monica Marie Twombly, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent.

MEMORANDUM **

Marvin Erick Vargas Garcia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and remand. We have jurisdiction under 8 U.S.C. § 1252. We review the BIA's denial of a motion to reopen and remand for abuse of discretion. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Vargas Garcia's motion to reopen and remand based on changed country conditions where he failed to establish prima facie eligibility for relief. See 8 C.F.R. § 1003.2(c)(3)(ii); 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); Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of persecution “too speculative”). We reject as unsupported by the record Vargas Garcia's contention that the agency ignored evidence, misstated the record, or otherwise erred in its analysis of his motion.

PETITION FOR REVIEW DENIED.

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