Felipe Galarza-Gallegos v. Jefferson Sessions , 698 F. App'x 451 ( 2017 )


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  •                               NOT FOR PUBLICATION                        FILED
    UNITED STATES COURT OF APPEALS                        OCT 3 2017
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    FELIPE GALARZA-GALLEGOS, AKA                    No.    15-71009
    Felipe Gallegos,
    Agency No. A200-626-843
    Petitioner,
    v.                                             MEMORANDUM*
    JEFFERSON B. SESSIONS III, Attorney
    General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted September 26, 2017**
    Before:      SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
    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,
    *
    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).
    
    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.
    2                                    15-71009
    

Document Info

Docket Number: 15-71009

Citation Numbers: 698 F. App'x 451

Filed Date: 10/3/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023