Rios Avalos v. Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 15 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE ANTONIO RIOS AVALOS, No. 21-1170

Petitioner, Agency No. A206-265-948

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted May 9, 2023** San Francisco, California

Before: MURGUIA, Chief Judge, and FRIEDLAND and BENNETT, Circuit Judges.

Jose Antonio Rios Avalos, a citizen of Mexico, petitions for review of the

Board of Immigration Appeals’ decision affirming an immigration judge’s denial of

his motion to reopen his removal proceedings to seek cancellation of removal.

* 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). Exercising jurisdiction under 8 U.S.C. § 1252 and reviewing the denial of a motion

to reopen for abuse of discretion, Perez-Portillo v.…