FELIPE GALARZA-GALLEGOS V. JEFFERSON SESSIONS, No. 15-71009 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 3 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT FELIPE GALARZA-GALLEGOS, AKA Felipe Gallegos, No. U.S. COURT OF APPEALS 15-71009 Agency No. A200-626-843 Petitioner, MEMORANDUM* v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 26, 2017** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. Felipe Galarza-Gallegos, a native and citizen of Mexico, petitions 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. Toufighi v. Mukasey, * 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). 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review. The BIA did not abuse its discretion in denying Galarza-Gallegos’s untimely motion to reopen, see 8 C.F.R. § 1003.2(c)(2), where Galarza-Gallegos failed to demonstrate prima facie eligibility for relief, see Toufighi, 538 F.3d at 996; see Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of persecution “too speculative”). In light of our disposition, we do not reach Galarza-Gallegos’s family social group contention. PETITION FOR REVIEW DENIED. 2 15-71009

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