JOSE TELLO-RESENDIZ, AKA Jose Resendiz Tello v. WILLIAM P. BARR, Attorney General

17-72587Court of Appeals for the Ninth CircuitMay 23, 2019

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE TELLO-RESENDIZ, AKA Jose
Resendiz Tello,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 17-72587
Agency No. A088-894-044
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
Jose Tello-Resendiz, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
We dismiss the petition for review.
We lack jurisdiction to review the BIA’s denial of Tello-Resendiz’s motion
* 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).
FILED
MAY 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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to reopen because the new evidence he presented concerns similar hardship
grounds previously relied upon to support his application for cancellation of
removal. See Garcia v. Holder, 621 F.3d 906, 911 (9th Cir. 2010) (this court’s
jurisdiction to review the BIA’s denial of a motion to reopen is limited to cases in
which petitioner presents new evidence that “is so distinct from that considered
previously as to make the motion to reopen a request for new relief itself, rather
than for reconsideration of a prior denial” (citation and internal quotation marks
omitted)).
PETITION FOR REVIEW DISMISSED.

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