Rene Becerra-Amezquita v. Merrick Garland

U.S. Court of Appeals for the Ninth Circuit

Rene Becerra-Amezquita v. Merrick Garland

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 22 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT RENE BECERRA-AMEZQUITA, No. 16-73617

Petitioner, Agency No. A076-620-693 v.

MEMORANDUM* MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 16, 2022** Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.

Rene Becerra-Amezquita, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

The record does not compel the conclusion that Becerra-Amezquita established changed circumstances to excuse his untimely asylum application. See 8 U.S.C. § 1158(a)(2)(D); 8 C.F.R. § 1208.4(a)(4); Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir. 2007). We reject as unsupported by the record Becerra- Amezquita’s contentions that the agency violated his right to due process or otherwise erred in its analysis of his claims.

To the extent Becerra-Amezquita requests judicial notice of materials referenced in his opening brief, we deny the request. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc).

The temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.

2 16-73617

Reference

Status
Unpublished