Jose Bracamontes-Cortez v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 16 2023

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE BRACAMONTES-CORTEZ, No. 20-73718

Petitioner, Agency No. A206-149-649 v.

MEMORANDUM* MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted February 13, 2023 San Francisco, California

Before: MILLER, SANCHEZ, and MENDOZA, Circuit Judges.

Jose Bracamontes-Cortez (“Bracamontes-Cortez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. Reviewing the BIA’s denial of the motion to reopen for abuse of discretion, see Jimenez-Sandoval v. Garland, 22 F.4th 866, 868 (9th Cir. 2022), we deny the petition.

Bracamontes-Cortez does not challenge the denial of his motion to reopen to reapply for cancellation of removal. He instead challenges the denial of his motion to apply for special rule cancellation under the Violence Against Women Act (“VAWA”).

We may affirm the BIA on any ground set forth in the decision under review. See Recinos De Leon v. Gonzales, 400 F.3d 1185, 1189 (9th Cir. 2005). The BIA denied the motion on the basis that Bracamontes-Cortez failed to submit an application for cancellation of removal under VAWA with his motion to reopen. The BIA concluded that Bracamontes-Cortez’s prior application for cancellation of removal was insufficient to satisfy 8 C.F.R. § 1003.2(c)(1) given his changed circumstances, in particular his divorce and new allegations of abuse by his now ex-spouse. The BIA did not abuse its discretion in so concluding.1

The motion for a stay of removal is denied as moot. The temporary stay of removal remains in effect until issuance of the mandate.

PETITION DENIED.