Miguel Ochoa-Fuentes v. Eric Holder, Jr.

MEMORANDUM

Miguel Angel Ochoa-Fuentes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005), and we deny the petition for review.

The BIA did not abuse its discretion in denying Ochoa-Fuentes’ motion to reopen to seek withholding of removal where he failed to demonstrate the evidence he submitted was material and previously unavailable. See 8 C.F.R. § 1003.2 (c)(1) (setting forth requirements for a motion to reopen); Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir.2010) (holding that evidence presented with motion to reopen was not material because it merely recounted generalized conditions that failed to demonstrate that petitioner’s situation was appreciably different from the dangers faced by her fellow citizens).

The BIA also did not abuse its discretion in denying Ochoa-Fuentes’ motion to reopen to seek relief under the Convention Against Torture on the ground that generalized evidence of violence in Mexico was…