Manuel Diaz v. Merrick Garland

FILED

NOT FOR PUBLICATION

JUL 8 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MANUEL DIAZ, AKA Diego Morales, No. 20-71450

Petitioner, Agency No. A200-246-098

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted June 17, 2022** San Francisco, California

Before: BYBEE, CALLAHAN, and COLLINS, Circuit Judges.

Manuel Diaz, a native and citizen of Mexico, petitions for review of a Board

of Immigration Appeals (BIA) decision denying his motion to reopen his removal

proceedings. We review the BIA’s denial of a motion to reopen for an abuse of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). discretion. Chandra v. Holder, 751 F.3d 1034, 1036 (9th Cir. 2014). “The BIA

abuses its discretion when its denial of a motion to reopen is ‘arbitrary, irrational or

contrary to…