FILED
NOT FOR PUBLICATION JAN 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE ENRIQUE HUERTA- No. 08-74320
VILLANUEVA,
Agency No. A097-856-023
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Jose Enrique Huerta-Villanueva, a native and citizen of Mexico, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
*
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).
his appeal from an immigration judge’s removal order and denying his motion to
remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of motions to remand, Malhi v. INS, 336 F.3d 989, 993 (9th
Cir. 2003), and we deny the petition for review.
Huerta-Villanueva has waived any challenge to the agency’s determination
that he failed to establish eligibility for cancellation of removal. See Martinez-
Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996).
The BIA did not abuse its discretion in denying Huerta-Villanueva’s motion
to remand because he failed to present material, previously unavailable evidence of
changed circumstances in Mexico, see 8 C.F.R. § 1003.2(c), and he failed to
establish prima facie eligibility for relief under the Convention Against Torture,
see Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir. 2004) (“To qualify for
reopening under the Torture Convention, an alien must establish a prima facie case
that ‘it is more likely than not that. . . she would be tortured if removed to the
proposed country of removal.’”).
PETITION FOR REVIEW DENIED.
2 08-74320