U.S. Court of Appeals for the Ninth Circuit, 2017

Felipe Galarza-Gallegos v. Jefferson Sessions

Felipe Galarza-Gallegos v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided October 3, 2017 · Silverman, Tallman, Smith
698 F. App'x 451

Felipe Galarza-Gallegos v. Jefferson Sessions

Opinion

MEMORANDUM **

Felipe Galarza-Gallegos, a native and citizen of Mexico, petitions 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 BIA’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review.

The BIA did not abuse its discretion in denying Galarza-Gallegos’s untimely motion to reopen, see 8 C.F.R. § 1003.2(c)(2), where Galarza-Gallegos failed to demonstrate prima facie eligibility for relief, see Toufighi, 538 F.3d at 996; see Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of persecution “too speculative”). In light of our disposition, we do not reach Galarza-Gallegos’s family social group contention.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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