Melvin Moraga Alvarez v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MELVIN MORAGA ALVAREZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 16-70194
Agency No. A074-807-615
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2022**
Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.
Melvin Moraga Alvarez, a native and citizen of Guatemala, petitions pro se
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.
* 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
JUL 20 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-70194
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for
review.
The BIA did not abuse its discretion in denying Moraga Alvarez’s second
motion to reopen as untimely and number-barred, where it was filed eleven years
after the order of removal became final and Moraga Alvarez has not established
prima facie eligibility for relief to qualify for the regulatory exception to the filing
deadline. See 8 C.F.R. § 1003.2(c)(1), (3)(ii); Toufighi v. Mukasey, 538 F.3d 988,
996 (9th Cir. 2008) (evidence must demonstrate prima facie eligibility for relief to
warrant reopening based on changed country conditions).
The temporary stay of removal remains in place until the issuance of the
mandate.
PETITION FOR REVIEW DENIED.

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