Gustavo Campos v. Eric Holder, Jr.

MEMORANDUM

Gustavo Vasquez Campos, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and review de novo questions of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Vasquez Campos’ motion to reopen to apply for asylum, withholding of removal, and relief under the Convention Against Torture where he previously withdrew these applications before the immigration judge (“IJ”) and failed to demonstrate that he sought relief based on circumstances that arose subsequent to his September 2009 hearing before the IJ. See 8 C.F.R. § 1008.2 (c)(1); Najmabadi, 597 F.3d at 987-90 (evidence of changed circumstances must be qualitatively different from what could have been presented at the prior hearing).

The BIA did not abuse its discretion in denying Vasquez Campos’ motion to reopen to apply for suspension of deportation relief under Lopez-Castellanos v. Gonzales, 437…