Roger Aguilar v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROGER AGUILAR,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-71033
Agency No. A071-913-590
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Roger Aguilar, a native and citizen of Guatemala, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings and reissue its decision denying his appeal from an
immigration judge’s final order of removal. 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
MAR 16 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-71033
§ 1252. We review for abuse of discretion the denial of a motion to reopen.
Hernandez-Velasquez v. Holder, 611 F.3d 1073, 1077 (9th Cir. 2010). We deny
the petition for review.
The BIA did not abuse its discretion in declining to reissue its August 2014
decision, where Aguilar acknowledged in his declaration that he received notice of
the decision and he does not allege ineffective assistance of counsel. See Singh v.
Napolitano, 649 F.3d 899, 901 (9th Cir. 2010) (the BIA has reissued decisions
where an alien has shown lack of notice due to administrative error or ineffective
assistance of counsel).
PETITION FOR REVIEW DENIED.

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