-
FILED NOT FOR PUBLICATION JUL 07 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN MIRANDA-SANCHEZ, No. 13-70833 Petitioner,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
Document Info
Docket Number: 13-70833
Filed Date: 7/7/2015
Precedential Status: Non-Precedential
Modified Date: 4/18/2021