Danis Reyes v. Matthew G. Whitaker, No. 17-3707 (8th Cir. 2019)

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Court Description: Per Curiam - Before Benton, Bowman and Stras, Circuit Judges] Petition for Review - Immigration. The BIA did not abuse its discretion by denying petitioner's motion to reopen.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3707 ___________________________ Danis Flaudia Reyes lllllllllllllllllllllPetitioner v. Matthew G. Whitaker, Acting Attorney General of the United States of America lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: February 4, 2019 Filed: February 7, 2019 [Unpublished] ____________ Before BENTON, BOWMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. Guatemalan citizen Danis Flaudia Reyes petitions for review of an order of the Board of Immigration Appeals (BIA) denying her motion to reopen her removal proceedings. After careful review, we conclude that the BIA’s denial was not an abuse of its discretion. See Khrystotodorov v. Mukasey, 551 F.3d 775, 785 (8th Cir. 2008) (standard of review); 8 C.F.R. § 1003.2(c)(1) (“A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing . . . .”). We deny the petition. ______________________________ -2-

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