FILED
NOT FOR PUBLICATION SEP 26 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MIGUEL ANGEL OCHOA-FUENTES, No. 12-70851
a.k.a. Miguel Bracamonte, a.k.a. Amando
Fuentes, Agency No. A088-769-298
Petitioner,
MEMORANDUM *
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Miguel Angel Ochoa-Fuentes, 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
*
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).
review for abuse of discretion the denial of a motion to reopen, Bhasin v. Gonzales,
423 F.3d 977, 983 (9th Cir. 2005), and we deny the petition for review.
The BIA did not abuse its discretion in denying Ochoa-Fuentes’ motion to
reopen to seek withholding of removal where he failed to demonstrate the evidence
he submitted was material and previously unavailable. See 8 C.F.R. § 1003.2(c)(1)
(setting forth requirements for a motion to reopen); Najmabadi v. Holder, 597 F.3d
983, 990 (9th Cir. 2010) (holding that evidence presented with motion to reopen
was not material because it merely recounted generalized conditions that failed to
demonstrate that petitioner’s situation was appreciably different from the dangers
faced by her fellow citizens).
The BIA also did not abuse its discretion in denying Ochoa-Fuentes’ motion
to reopen to seek relief under the Convention Against Torture on the ground that
generalized evidence of violence in Mexico was insufficient to establish a
likelihood of torture. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir.
2010).
Petitioner’s request for a stay of removal is dismissed as moot.
PETITION FOR REVIEW DENIED.
2 12-70851