Selvin Acuna-Chinchilla v. Eric Holder, Jr.

Good Law
501 F. App'x 678
United States Court of Appeals for the Ninth CircuitDecember 21, 201211-72744California207 words

Opinion

Opinion

MEMORANDUM

Selvin Raul Acuna-Chinchilla, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen deportation proceedings held in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Acuna-Chinchilla’s motion where Acuna-Chinchilla failed to provide evidence of materially changed conditions or circumstances in Guatemala for purposes of seeking asylum. See 8 C.F.R. § 1003.23 (b)(4)(i).

We lack jurisdiction to review Acuna-Chinchilla’s contention regarding the lack of oral notice of his hearing in Spanish because he failed to raise that contention before the agency, and thereby failed to exhaust his administrative remedies. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.2010) (no jurisdiction to review contentions not raised before the agency).

Acuna-Chinchilla’s remaining contentions are unavailing.

PETITION…

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