Llamas v. Mukasey
Llamas v. Mukasey
Opinion of the Court
MEMORANDUM
This is a petition for review of the Board of Immigration Appeals’ (“BIA”) denial of petitioner’s motion to reopen immigration proceedings.
With regard to the BIA’s denial of petitioner’s motion to reopen to apply for protection under the Convention Against Torture (“CAT”), we conclude the BIA did not abuse its discretion because petitioner did not show she would more likely than not be tortured upon return to Mexico and therefore failed to demonstrate prima facie eligibility for CAT relief. See 8 C.F.R. § 1208.16(c)(2); Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 869-70 (9th Cir. 2003). We therefore summarily deny this petition in part because the questions raised are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam).
The motion for stay of voluntary departure, filed after the departure period had expired, is denied. See Garcia v. Ashcroft, 368 F.3d 1157 (9th Cir. 2004).
All other pending motions are denied as moot. The temporary stay of removal confirmed by Ninth Circuit General Order 6.4(c) shall continue in effect until issuance of the mandate.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.