Oscar Flores-De Paz v. Eric Holder, Jr.

Good Law
585 F. App'x 514
United States Court of Appeals for the Ninth CircuitOctober 20, 201412-70316California215 words

Opinion

Opinion

MEMORANDUM

Oscar Armando Flores-De Paz, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) January 25, 2012, 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. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Flores-De Paz’s untimely and number-barred motion to reopen because it considered the record and acted within its broad discretion in determining that the evidence was insufficient to demonstrate prima facie eligibility for the relief sought. See Najmabadi, 597 F.3d at 986 ; Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1172 (9th Cir.2006) (“vague and conclusory allegations” are insufficient to demonstrate a well-founded fear of persecution). The record does not support Flores De-Paz’s contentions that the BIA misstated facts, used faulty legal reasoning, or applied an incorrect legal standard. If Flores De-Paz is seeking review of the BIA’s February 23, 2012, order, Flores De-Paz did not petition for review of that…

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