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Castro-Fuentes v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 22, 2016
643 F. App'x 653 (9th Cir. 2016)

Summary

finding that an ALJ implicitly considered Plaintiff's obesity by relying on medical reports that repeatedly noted the plaintiff's obesity and provided an overall assessment of the plaintiff's work-related limitations

Summary of this case from Smith v. Colvin

Opinion

No. 14-72736

03-22-2016

SALVADOR CASTRO-FUENTES, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A077-104-763 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Salvador Castro-Fuentes, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA's denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Castro-Fuentes' motion to reopen because it was untimely and Castro-Fuentes did not establish materially changed circumstances in El Salvador affecting his eligibility for relief as to overcome the time limitation for motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence must be "qualitatively different" to warrant reopening). We reject Castro-Fuentes' contention that the BIA ignored evidence. See Najmabadi, 597 F.3d at 990-91 (the BIA adequately considered the evidence and sufficiently announced its decision).

PETITION FOR REVIEW DENIED.


Summaries of

Castro-Fuentes v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 22, 2016
643 F. App'x 653 (9th Cir. 2016)

finding that an ALJ implicitly considered Plaintiff's obesity by relying on medical reports that repeatedly noted the plaintiff's obesity and provided an overall assessment of the plaintiff's work-related limitations

Summary of this case from Smith v. Colvin
Case details for

Castro-Fuentes v. Lynch

Case Details

Full title:SALVADOR CASTRO-FUENTES, Petitioner, v. LORETTA E. LYNCH, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 22, 2016

Citations

643 F. App'x 653 (9th Cir. 2016)

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