FILED
NOT FOR PUBLICATION AUG 26 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VICTORIA GARCIA, No. 09-70999
Petitioner, Agency No. A078-656-862
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 16, 2013**
San Francisco, California
Before: REINHARDT, NOONAN, and HURWITZ, Circuit Judges.
After removal proceedings were instituted against Victoria Garcia, a Mexican
citizen, she conceded removability and applied for asylum and cancellation of
removal. Garcia later withdrew her asylum claim.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
An Immigration Judge denied relief and the Board of Immigration Appeals
(“BIA”) dismissed Garcia’s appeal. The BIA later denied Garcia’s subsequent motion
to reopen based on changed country conditions. Garcia petitions for review of the
denial of the motion to reopen. We deny her petition.
The motion to reopen asserted that the only person Garcia could live with in
Mexico was her gay cousin. She argued that because gays are mistreated in Mexico,
it would be dangerous for her to live with him. Even assuming that Garcia’s motion
to reopen can be based on her cousin’s sexual orientation, the BIA did not abuse its
discretion in denying it. The motion was premised on changed country conditions,
and the evidence before the BIA suggested that conditions had improved for gays in
Mexico.
DENIED.
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