Jose Lemus-Rivera v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE REINALDO LEMUS-RIVERA, No. 20-70426

Petitioner, Agency No. A209-420-881

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted December 6, 2024** Pasadena, California

Before: BEA, LEE, and KOH, Circuit Judges.

Jose Lemus-Rivera, a native and citizen of El Salvador, challenges the Board

of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ)

denial of his motion to reopen. Our jurisdiction arises under 8 U.S.C. § 1252. We

grant the petition in part, dismiss in part, and remand to the BIA.

* 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 decision to adopt and affirm an IJ’s order denying a

motion to reopen for abuse…