NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 23 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAIME RODOLFO GARCIA-GOMEZ, No. 19-72449
AKA Jaime Rodolfo Garcia,
Agency No. A205-316-037
Petitioner,
v. MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Jaime Rodolfo Garcia-Gomez, a native and citizen of El Salvador, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen and terminate or, alternatively, to reopen removal proceedings
and seek removal relief. We have jurisdiction under 8 U.S.C. § 1252. We review
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
for abuse of discretion the denial of motions 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 Garcia-Gomez’s motion to
reopen and terminate removal proceedings where his contention that the
immigration court lacked jurisdiction over his proceedings is foreclosed by Aguilar
Fermin v. Barr, 958 F.3d 887, 895 (9th Cir. 2020) (“the lack of time, date, and
place in the NTA sent to [petitioner] did not deprive the immigration court of
jurisdiction over her case”).
The BIA also did not abuse its discretion in denying Garcia-Gomez’s timely
motion to reopen removal proceedings where Garcia-Gomez has not established
new facts that are material to his claim and could not have been timely discovered
or presented at the former hearing. See 8 C.F.R. § 1003.2(c)(1); Najmabadi, 597
F.3d at 986 (BIA can deny a motion to reopen for “failure to introduce previously
unavailable, material evidence”).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
2 19-72449