Gerardo Garcia-Perez v. Loretta E. Lynch

MEMORANDUM

Gerardo Garcia-Perez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal, and denying his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand and the denial of a motion for a continuance. Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007). We review de novo due process claims. Id. at 921 . We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Garcia-Perez’s motion to remand where Garcia-Perez failed to demonstrate that the new evidence he submitted would likely have changed the outcome of his case. See Shin v. Mukasey, 547 F.3d 1019, 1025 (9th Cir. 2008) (a motion to remand must show that “if proceedings were reopened, the new evidence would likely change the result in the case” (citation omitted)). To the extent Garcia-Perez contends that the BIA failed to state its reasons and show proper consideration of relevant factors, these contentions are not supported by the record. See Najmabadi v.…