Hieymi Bautista-Lopez v. LORETTA E. LYNCH, Attorney General

13-74249Court of Appeals for the Ninth CircuitJan 27, 2016

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HIEYMI BAUTISTA-LOPEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-74249
Agency No. A089-591-615
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Hieymi Bautista-Lopez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
JAN 27 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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discretion the denial of a motion to remand. Romero-Ruiz v. Mukasey, 538 F.3d
1057, 1062 (9th Cir. 2008). We deny the petition for review.
The BIA did not abuse its discretion in denying the motion to remand where
Bautista-Lopez failed to demonstrate that the new evidence she submitted would
likely have changed the outcome of her case. See Shin v. Mukasey, 547 F.3d 1019,
1025 (9th Cir. 2008) (“Aliens who seek to remand or reopen proceedings to pursue
relief bear a ‘heavy burden’ of proving that, if proceedings were reopened, the new
evidence would likely change the result in the case.” (citation omitted)).
In light of this disposition, we do not reach Bautista-Lopez’s remaining
contentions.
PETITION FOR REVIEW DENIED.
13-74249 2

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