Delia Perez-Fajardo v. Eric Holder, Jr. , 508 F. App'x 597 ( 2013 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            FEB 14 2013
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    DELIA MARITZA PEREZ-FAJARDO,                      No. 11-70487
    Petitioner,                        Agency No. A070-639-786
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted February 11, 2013 **
    Before:        FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
    Delia Maritza Perez-Fajardo, 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 under 
    8 U.S.C. § 1252
    . We review for abuse of discretion the BIA’s denial of a motion to reopen,
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Najmabadi v. Holder, 
    597 F.3d 983
    , 986 (9th Cir. 2010), and we deny the petition
    for review.
    The BIA did not abuse its discretion in denying Perez-Fajardo’s motion to
    reopen as untimely because Perez-Fajardo failed to present material evidence of
    changed circumstances in Guatemala to qualify for the regulatory exception to the
    time limit for filing a motion to reopen. See 
    8 C.F.R. § 1003.2
    (c)(3)(ii);
    Najmabadi, 
    597 F.3d at 990
     (previously unavailable evidence must be material to
    the petitioner’s claim).
    PETITION FOR REVIEW DENIED.
    2                                  11-70487
    

Document Info

Docket Number: 11-70487

Citation Numbers: 508 F. App'x 597

Judges: Fernandez, Tashima, Wardlaw

Filed Date: 2/14/2013

Precedential Status: Non-Precedential

Modified Date: 8/6/2023