Miguel Castellanos Martinez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIGUEL CASTELLANOS MARTINEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-71384
Agency No. A205-714-528
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Miguel Castellanos Martinez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252.
FILED
MAR 01 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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We review for abuse of 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 Castellanos Martinez’s
motion to remand for failure to establish prejudice, where Castellanos Martinez
failed to explain what evidence prior counsel failed to submit that may have
affected the outcome of his proceedings. Martinez-Hernandez v. Holder, 778 F.3d
1086, 1089 (9th Cir. 2015) (finding the petitioner could not establish prejudice
where he had offered no argument or evidence to back up his claim for relief); see
also Ortiz v. INS, 179 F.3d 1148, 1153 (9th Cir. 1999) (denying the petition where
petitioners requested remand to explain eligibility for asylum, but failed to
establish what evidence they would present on remand).
PETITION FOR REVIEW DENIED.
14-71384 2

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