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FONSECA-FONSECA v. GARLAND

No. 20-71977.

76 F.4th 1176 (2023)

Mario FONSECA-FONSECA, aka Felipe Fonseca, aka Guadalupe Fonseca, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2023.

Attorney(s) appearing for the Case

Andrew J. S. Newcomb (argued), Mendoza Immigration, San Jose, California; Elias Mendoza , Mendoza & Campos Law Offices PC, Sacramento, California; for Petitioner.

Allison Frayer (argued) and Carmel A. Morgan , Trial Attorneys; Jennifer P. Levings , Senior Litigation Counsel; Julia Tyler , Acting Senior Litigation Counsel; Brian M. Boynton , Acting Assistant Attorney General; United States Department of Justice, Office of Immigration Litigation, Civil Division; Washington, D.C.; for Respondent.

Before: Kim McLane Wardlaw, Jacqueline H. Nguyen, and Lucy H. Koh, Circuit Judges.

OPINION

Mario Fonseca-Fonseca, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") denial of his motion to reopen. Fonseca-Fonseca sought to reopen his immigration proceedings to apply for cancellation of removal. The BIA found that he failed to establish prima facie...

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