Herard v. Holder

Ninth Circuit

Herard v. Holder

359 F. App'x 788

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 30, 2009

Docket07-71825

StatusUnpublished

This text of 359 F. App'x 788 (Herard v. Holder) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Herard v. Holder, 359 F. App'x 788 (9th Cir. 2009).

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Opinion

MEMORANDUM **

Magdarline Herard, a native and citizen of Haiti, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a motion to reopen, Lara-Torres v. Ashcroft, *789 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), and we deny the petition for review.

The agency did not abuse its discretion in denying Herard’s motion to reopen as untimely because the motion was filed more than five years after the final order of removal, see 8 C.F.R. § 1003.23(b)(1), and Herard failed to demonstrate changed circumstances in Haiti to qualify for the regulatory exception to the time limits for filing motions to reopen, see 8 C.F.R. § 1003.23(b)(4)(i), 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.

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MEMORANDUM **

Magdarline Herard, a native and citizen of Haiti, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a motion to reopen, Lara-Torres v. Ashcroft, *789 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005), and we deny the petition for review.

The agency did not abuse its discretion in denying Herard’s motion to reopen as untimely because the motion was filed more than five years after the final order of removal, see 8 C.F.R. § 1003.23(b)(1), and Herard failed to demonstrate changed circumstances in Haiti to qualify for the regulatory exception to the time limits for filing motions to reopen, see 8 C.F.R. § 1003.23(b)(4)(i), 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.

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359 F. App'x 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herard-v-holder-ca9-2009.

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