Jose Armando Dominguez- Garcia v. ERIC H. HOLDER, Jr., Attorney General

09-71197Court of Appeals for the Ninth CircuitAug 20, 2013

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE ARMANDO DOMINGUEZ-
GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71197
Agency No. A079-268-262
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 1, 2013**
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Jose Armando Dominguez-Garcia, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C.
FILED
AUG 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-71197 2
§ 1252. We review for abuse of discretion, Ordonez v. INS, 345 F.3d 777, 782 (9th
Cir. 2003), and deny the petition for review.
The BIA did not abuse its discretion in denying Petitioner’s motion to
reopen on the ground that he failed to establish prima facie eligibility for
cancellation of removal. See id. at 785 (prima facie eligibility is demonstrated by
showing a reasonable likelihood that the statutory requirements for relief have been
satisfied); 8 U.S.C. § 1229b(b)(1)(B). The immigration judge found Petitioner
lacked good moral character in its underlying decision, and he did not challenge
that finding either in his initial appeal to the BIA or in his later motion to reopen.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.