Alvarado-Guzman v. Holder

320 F. App'x 802

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 2, 2009
• Docket: No. 06-75547
• Status: Published

Opinion

MEMORANDUM

**

Carmen Alvarado-Guzman, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

The BIA did not abuse its discretion in denying Alvarado-Guzman’s motion to reopen as untimely because it was filed more than two years after the BIA issued its final order, see 8 C.F.R. § 1003.2(c)(2), and Alvarado-Guzman failed to demonstrate changed circumstances in Guatemala to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(h); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.”).

PETITION FOR REVIEW DENIED.

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