Alberto Sanchez-Luna v. Jefferson Sessions

FILED NOT FOR PUBLICATION APR 19 2017 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALBERTO SANCHEZ-LUNA, No. 15-70285 Petitioner, Agency No. A092-371-605 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Alberto Sanchez-Luna, 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 discretion the * 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). denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review. The BIA did not abuse its discretion in denying Sanchez-Luna’s motion to reopen for failure to establish prima facie eligibility for adjustment of status. See INS v. Abudu, 485 U.S. 94, 104 (1988). The BIA sufficiently articulated its reasons for denying his motion. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010). We deny Sanchez-Luna’s request for judicial notice of the extra-record evidence he submitted with his opening brief. See Dent v. Holder, 627 F.3d 365, 371 (9th Cir. 2010) (stating standard for review of out-of-record evidence). In light of this disposition, we need not reach Sanchez-Luna’s remaining contention regarding numerical limitations on his motion. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004). PETITION FOR REVIEW DENIED. 2 15-70285