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

Virginia Rivera v. Jefferson Sessions

Virginia Rivera v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided December 21, 2017 · Wallace, Silverman, Bybee
707 F. App'x 927

Virginia Rivera v. Jefferson Sessions

Opinion

MEMORANDUM **

Virginia Del Carmen Rivera, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Rivera’s second untimely motion to reopen where Rivera failed to demonstrate prima facie eligibility for relief. See 8 C.F.R. § 1003.2(c)(3)(ii); see also 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).

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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