United States v. 2020-08-19 | 15-70004 | LUZ CATALAN V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LUZ ELENA CATALAN,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 15-70004

Agency No. A070-962-154

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted August 17, 2020
**

Before: TROTT, SILVERMAN, and N.R. SMITH, Circuit Judges.

Luz Elena Catalan, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying her third motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

*
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

AUG 19 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 15-70004
discretion the denial of a motion to reopen. Cano-Merida v. INS, 311 F.3d 960,
964 (9th Cir. 2002). We deny the petition for review.
The BIA did not abuse its discretion in concluding that Catalan failed to
establish a prima facie case for the relief she sought and that she failed to establish
that she qualified for the exception to the filing deadline and numerical limitation
for motions to reopen by introducing previously unavailable, material evidence. 8
U.S.C. § 1229a(c)(7)(A), (C)(ii); 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi v. Holder,
597 F.3d 983, 986 (9th Cir. 2010); see also Catalan v. Holder, 535 F. App’x 562
(9th Cir. 2013) (denying Catalan’s previous petition for review). For example, as
the BIA noted, Catalan did not introduce evidence showing that her father’s death
in 2007 or the result of the 2011 Guatemalan presidential election would lead to
her facing persecution or torture, and the declaration she submitted in support of
her motion to reopen does not reflect any threats made against her personally in
2008.
PETITION FOR REVIEW DENIED.