Felipa De Los Angeles-Moreno v. Eric Holder, Jr. , 550 F. App'x 420 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 19 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FELIPA DE LOS ANGELES-MORENO, No. 11-73834
a.k.a. Felipa Moreno,
Agency No. A099-474-682
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Felipa De Los Angeles-Moreno, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a motion to reopen, 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 De Los Angeles-Moreno’s
motion to reopen as untimely because it was filed nearly two years after the BIA’s
final decision, see 8 C.F.R. § 1003.2(c)(2), and De Los Angeles-Moreno failed to
demonstrate changed circumstances in El Salvador to qualify for the regulatory
exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597
F.3d at 988-89 (evidence submitted with motion to reopen must show conditions
are qualitatively different than at time of hearing); see also Almaraz v. Holder, 608
F.3d 638, 640 (9th Cir. 2010) (change in petitioner’s health was a change in
personal circumstances, not a change in country conditions sufficient to excuse an
untimely motion to reopen).
PETITION FOR REVIEW DENIED.
2 11-73834