Emiliano Velasco Garcia v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION AUG 15 2011

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

EMILIANO VELASCO GARCIA, No. 10-70698

Petitioner, Agency No. A099-625-019

v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted August 11, 2011 **

Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.

Emiliano Velasco Garcia, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to

reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

*
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).
discretion the denial of a motion to reopen, Garcia v. Holder, 621 F.3d 906, 912

(9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Velasco Garcia’s motion to

reopen based on the new hardship evidence of his temporary guardianship of his

nieces where he did not allege how his qualifying relatives would be affected. See

id. (a motion to reopen will not be granted unless it establishes a prima facie case

for relief).

In light of our disposition, we need not reach Velasco Garcia’s remaining

contention.

PETITION FOR REVIEW DENIED.

2 10-70698