Armando Hernandez-Lopez v. Loretta E. Lynch

FILED NOT FOR PUBLICATION JUN 22 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARMANDO HERNANDEZ-LOPEZ, No. 14-73134 Petitioner, Agency No. A095-272-049 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 14, 2016** Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges. Armando Hernandez-Lopez, 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 agency’s 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 Hernandez-Lopez’s motion, where he failed to establish that the evidence submitted was previously unavailable. See 8 C.F.R. § 1003.2(c)(1) (requirements for motion to reopen). PETITION FOR REVIEW DENIED. 2 14-73134