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Alberto Sanchez-Luna v. Jefferson Sessions
688 F. App'x 430
| 9th Cir. | 2017
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*1 Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Alberto Sanchez-Luna, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the *2 denial of a motion to reopen, Mohammed v. Gonzales , 400 F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review.

The BIA did not abuse its discretion in denying Sanchez-Luna’s motion to reopen for failure to establish prima facie eligibility for adjustment of status. See INS v. Abudu , 485 U.S. 94, 104 (1988).

The BIA sufficiently articulated its reasons for denying his motion. See

Najmabadi v. Holder , 597 F.3d 983, 990 (9th Cir. 2010).

We deny Sanchez-Luna’s request for judicial notice of the extra-record evidence he submitted with his opening brief. See Dent v. Holder , 627 F.3d 365, 371 (9th Cir. 2010) (stating standard for review of out-of-record evidence).

In light of this disposition, we need not reach Sanchez-Luna’s remaining contention regarding numerical limitations on his motion. See Simeonov v. Ashcroft , 371 F.3d 532, 538 (9th Cir. 2004).

PETITION FOR REVIEW DENIED.

2 15-70285

[*] 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: Alberto Sanchez-Luna v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 19, 2017
Citation: 688 F. App'x 430
Docket Number: 15-70285
Court Abbreviation: 9th Cir.
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