Murga-Lopez v. Bondi

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 28 2025

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

FOR THE NINTH CIRCUIT

MARIA LILIA MURGA- No. 23-3563 LOPEZ; MARTIN ROMERO- Agency Nos. REYES; JESUS EDUARDO ROMERO- A209-168-636 MURGA; OSCAR URIEL ROMERO- A209-168-675 MURGA,

A209-168-676 A209-168-637

Petitioners,

v. MEMORANDUM* PAMELA BONDI, Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals Submitted April 4, 2025** Phoenix, Arizona

Before: HAWKINS, WALLACH***, and R. NELSON, Circuit Judges.

*

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 Honorable Evan J. Wallach, United States Senior Circuit Judge for the Federal Circuit, sitting by designation.

Petitioners are natives and citizens of Mexico. They petition for review of their motion to reopen their waived CAT claim.1 We review denials of motions to reopen for abuse of discretion. See Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir. 2016). We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition.

The BIA did not abuse its discretion when it relied on waiver to deny the motion to reopen. See INS v. Doherty, 502 U.S. 314, 321–22 (1992). Petitioners did not challenge the BIA’s earlier determination that they waived their CAT claim, and the BIA’s subsequent reliance on that waiver finding is “a determination that even if” the requirements that permit the BIA to grant the motion “were satisfied, the movant would not be entitled to [a] discretionary grant of relief.” Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (quoting Doherty, 502 U.S. at 323 (1992)).

PETITION DENIED.2