Juan Miranda-Sanchez v. Loretta E. Lynch ( 2015 )

FILED
NOT FOR PUBLICATION JUL 07 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN MIRANDA-SANCHEZ, No. 13-70833
Petitioner, Agency No. A098-383-065
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Juan Miranda-Sanchez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th
Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Miranda-Sanchez’s motion
to reopen as untimely because it was filed more than one year after the BIA’s final
order, see 8 C.F.R. § 1003.2(c)(2), and Miranda-Sanchez did not establish
materially changed circumstances in Mexico 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
(evidence did not establish materially changed country conditions since petitioner’s
prior hearing). In light of this conclusion, we do not reach Miranda-Sanchez’s
remaining contentions.
PETITION FOR REVIEW DENIED.
2 13-70833