Reynaldo Jimenez-Morataya v. Loretta E. Lynch

667 F. App'x 282

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 24, 2016
• Docket: 13-70664
• Status: Unpublished

Opinion

MEMORANDUM **

Reynaldo Enrique Jimenez-Morataya, a native and citizen of El Salvador, petitions pro se 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. Lin v. Holder, 588 F.3d 981, 984 (9th Cir. 2009). We deny the petition for review.

The BIA did not abuse its discretion in denying Jimenez-Morataya’s motion to reopen as untimely, where the motion was filed more than a year after the BIA’s final order, and Jimenez-Morataya failed to present sufficient evidence of changed circumstances in El Salvador to qualify for the regulatory exception to the filing deadline. See 8 C.F.R. § 1003.2(c)(2), (c)(3)(ii); Lin, 588 F.3d at 989 (BIA’s determination that petitioner did not establish material changed country conditions was not “arbitrary, irrational, or eontraiy to law”).

To the extent Jimenez-Morataya contends he established eligibility for relief, we do not reach this contention in light of our disposition.

PETITION FOR REVIEW DENIED.

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