Perez Zamora v. Gonzales

MEMORANDUM *

Andres Perez Zamora, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying Zamora’s request to remand to apply for cancellation of removal. We have jurisdiction, see 8 U.S.C. *380 § 1252 (a)(1), (b), and we deny Zamora’s petition.

We review the BIA’s decision not to remand under the deferential abuse of discretion standard. Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). After a careful review of the record and consideration of the arguments of counsel, we conclude that the BIA did not abuse its discretion. Zamora could have applied for cancellation of removal at the time of his initial immigration hearing, but he did not do so. The fact that he obtained some documentary evidence to support a cancellation application after the initial hearing does not constitute a “changed circumstance” justifying relief. The essential facts and law underlying Zamora’s asserted eligibility for cancellation of removal were known to him at the time of his initial hearing. Nothing prevented him from supporting an application by his own testimony or the submission of other available evidence at the time of the initial…