Luis Parra Maldonado v. Jefferson Sessions, III ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ALFREDO PARRA MALDONADO, No. 17-73054
AKA Luis Alfredo Parra, AKA Luis A.
Parra, Agency No. A205-311-796
Petitioner,
MEMORANDUM*
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Luis Alfredo Parra Maldonado, a native and citizen of Ecuador, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen removal proceedings. We have jurisdiction under 8
*
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).
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 Parra Maldonado’s motion
to reopen based on new evidence because Parra Maldonado failed to establish the
evidence was not previously available or could have been discovered at the former
hearing. See 8 C.F.R. § 1003.2(c)(1); see also Goel v. Gonzales, 490 F.3d 735,
738 (9th Cir. 2007) (holding that, if “the allegedly new information . . .
was available or capable of being discovered at [the time of the hearing], it cannot
provide a basis for reopening”).
Parra Maldonado’s motion to hold his petition for review in abeyance is
denied.
PETITION FOR REVIEW DENIED.
2 17-73054