U.S. Court of Appeals for the Ninth Circuit, 2013

Victoria Garcia v. Eric Holder, Jr.

Victoria Garcia v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided August 26, 2013 · Reinhardt, Noonan, Hurwitz
541 F. App'x 746

Victoria Garcia v. Eric Holder, Jr.

Opinion

MEMORANDUM **

After removal proceedings were instituted against Victoria Garcia, a Mexican citizen, she conceded removability and applied for asylum and cancellation of removal. Garcia later withdrew her asylum claim.

An Immigration Judge denied relief and the Board of Immigration Appeals (“BIA”) *747 dismissed Garcia’s appeal. The BIA later denied Garcia’s subsequent motion to reopen based on changed country conditions. Garcia petitions for review of the denial of the motion to reopen. We deny her petition.

The motion to reopen asserted that the only person Garcia could live with in Mexico was her gay cousin. She argued that because gays are mistreated in Mexico, it would be dangerous for her to live with him. Even assuming that Garcia’s motion to reopen can be based on her cousin’s sexual orientation, the BIA did not abuse its discretion in denying it. The motion was premised on changed country conditions, and the evidence before the BIA suggested that conditions had improved for gays in Mexico.

DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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