Jun Xia v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 18 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUN XIA, No. 18-71504

Petitioner, Agency No. A206-658-574

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted November 14, 2024** San Francisco, California

Before: GOULD, SUNG, and DE ALBA, Circuit Judges.

Jun Xia, a native and citizen of China, petitions for review of the Board of

Immigration Appeals’ (“BIA”) dismissal of his appeal of the immigration judge’s

(“IJ”) denial of his motion to reopen proceedings and rescind his in absentia

removal order. We have jurisdiction under 8 U.S.C. § 1252(a)(1).

* 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). We review the BIA’s denial of a motion to reopen for abuse of discretion.

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