The following excerpt is from Martin-Perez v. Garland, 20-71394 (9th Cir. 2021):
not available, and could not have been discovered or presented at the former hearing. See 8 C.F.R. 1003.2(c)(1); see also Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir. 2005) (new evidence in support of a motion to reopen could not have been able to be discovered or presented at the former hearing and must establish prima facie eligibility for the relief sought).
The stay of removal remains in place until issuance of the mandate.
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