Edith Waithira v. Merrick Garland

FILED

NOT FOR PUBLICATION

DEC 15 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDITH GATHONI WAITHIRA, No. 20-73201

Petitioner, Agency No. A089-299-703

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted November 18, 2021 San Francisco, California

Before: THOMAS and McKEOWN, Circuit Judges, and MOLLOY,** District Judge.

Edith Waithira, a citizen of Kenya, petitions for review of the Board of

Immigration Appeals’ (BIA) order denying her motion to reopen. Waithira

brought her motion to reopen on two grounds. We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation. U.S.C. § 1252. We grant in part and deny in part the petition for review. We

review the BIA’s denial of a motion to reopen for abuse of discretion. Agonafer…