Ramirez-Ramirez

Ramirez-Ramirez v. Holder

Good Law
318 F. App'x 522
United States Court of Appeals for the Ninth CircuitMarch 9, 2009No. 08-73894California352 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner’s motion to accept late filing of his response to the court’s September 18, 2008 order to show cause is granted.

This is a petition for review from the Board of Immigration Appeals’ (“BIA”) denial of a motion to reopen immigration proceedings. We review the BIA’s denial of a motion to reopen for abuse of discretion. See Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008).

Petitioner’s claim for protection under the Convention Against Torture (“CAT”) failed to present evidence of changed country conditions in Mexico that is particular to petitioner and his circumstances. See 8 C.F.R. § 1003.2 (c)(3)(ii). Because petitioner has failed to meet his burden of establishing a prima facie CAT claim to support reopening, the BIA did not abuse its discretion in denying the motion.

Accordingly, the court sua sponte summarily denies in part this petition for review because the questions raised by this petition are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam).

Further, we have reviewed the response to the court’s September 18, 2008 order to show cause, and we conclude that petitioner…

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