Kewal Singh v. Eric Holder, Jr.

530 F. App'x 618

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 20, 2013
• Docket: 11-73540
• Status: Unpublished

Opinion

MEMORANDUM **

Josué Estrada Calvillo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Calvillo’s challenges to the original agency proceedings in 1995 because this petition is not timely as to those proceedings. See Ma v. Ashcroft, 361 F.3d 553, 557 n. 6 (9th Cir.2004).

The BIA did not abuse its discretion in denying Calvillo’s untimely motion to reopen because he did not establish changed circumstances in Guatemala to qualify for the regulatory exception to the time limit. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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