LAW.coLAW.co

Jose Enrique HUERTA-VILLANUEVA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-01-06No. No. 08-74320
408 F. App'x 34

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Jose Enrique Huerta-Villanueva, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing 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.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.