Jose Jacobo Escobar v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE JACOBO ESCOBAR,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72402
Agency No. A094-286-899
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Jose Jacobo Escobar, a native and citizen of Honduras, 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. § 1252. We review
for abuse of discretion the denial of a motion to reopen. Cano-Merida v. INS, 311
* 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).
FILED
APR 19 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
14-72402
F.3d 960, 964 (9th Cir. 2002). We deny the petition for review.
The BIA did not abuse its discretion in denying Escobar’s untimely motion
to reopen because the evidence supporting his motion, including the declarations of
Escobar’s father and daughter, did not establish prima facie eligibility for CAT
relief. See id. at 965-66 (BIA did not abuse its discretion in denying petitioners’
motion to reopen to seek CAT relief where petitioner did not demonstrate it was
more likely than not he would be tortured with the consent or acquiescence of a
public official if returned to Guatemala).
We reject Escobar’s contention that the BIA failed to consider evidence.
See Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir. 2009) (BIA adequately
considered evidence and sufficiently announced its decision).
PETITION FOR REVIEW DENIED.

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