Jose Gutierrez v. Loretta E. Lynch

MEMORANDUM

Petitioner Jose Gutierrez, a native and citizen of Mexico, challenges a Board of Immigration Appeals’ (BIA) decision denying his second motion to reopen his cancellation of removal claim and his claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We deny Gutierrez’s petition for review.

Gutierrez’s motion was numerically-barred and untimely, filed over 90 days after Gutierrez received a final decision from the BIA on June 10, 2003. 8 C.F.R. § 1003.23 (b)(1). Gutierrez makes three arguments as to why the numerical and time limitations should not apply to his case. None is persuasive.

1. The BIA did not err in denying Gutierrez’s motion to reopen because he does not establish a prima facie case for asylum, withholding of removal, or CAT relief. See Fernandez v. Gonzales, 439 F.3d 592, 599 (9th Cir.2006).

Gutierrez contends that gang violence and rates of homicide have increased dramatically since his case was last before the Immigration Judge (IJ). He also lists several instances where his family has been attacked or threatened by gangsters. However, Gutierrez fails to show a nexus between the alleged mistreatment suffered…