Sergio Salgado-Salinas v. Loretta E. Lynch

MEMORANDUM

Sergio Salgado-Salinas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his application for cancellation of removal, and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand. Movsisian v. Ashcroft, 395 F.3d 1095, 1097-98 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Salgado-Salinas’ motion to remand, where Salgado-Salinas failed to establish that the evidence he submitted was unavailable at the time of his removal hearing. See Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1988) (“Since a motion to remand is so similar to a motion to reopen, the motion to remand should be drafted in conformity with the regulations pertinent to motions to reopen[.]” (internal citation omitted)); 8 C.F.R. § 1003.2 (c) (“A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former…