Carlos Humberto De Paz Franco v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS HUMBERTO DE PAZ
FRANCO,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-1774
Agency No.
A071-585-624
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 14, 2023**
Before: SILVERMAN, WARDLAW, and TALLMAN, Circuit Judges.
Carlos Humberto De Paz Franco, a native and citizen of Guatemala,
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.
* 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
NOV 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-1774
§ 1252. We review for abuse of discretion the denial of a motion to reopen.
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for
review.
Because De Paz Franco does not challenge the agency’s determination that
he was not prima facie eligible for relief, we do not address it. See Lopez-Vasquez
v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013).
De Paz Franco’s contention that equitable tolling excuses his untimely
motion to reopen is not properly before the court because he failed to raise it in his
motion to reopen before the BIA. See 8 U.S.C. § 1252(d)(1) (exhaustion of
administrative remedies required); see also Santos-Zacaria v. Garland, 598 U.S.
411, 417-19 (2023) (section 1252(d)(1) is a non-jurisdictional claim-processing
rule).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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