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Roger Aguilar v. Jefferson Sessions
682 F. App'x 588
| 9th Cir. | 2017
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*1 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. *2 § 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.

2 15-71033

[*] 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).

Case Details

Case Name: Roger Aguilar v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Mar 16, 2017
Citation: 682 F. App'x 588
Docket Number: 15-71033
Court Abbreviation: 9th Cir.
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