Magdarline Herard v. Eric H. Holder Jr. , 358 F. App'x 828 ( 2009 )

FILED
NOT FOR PUBLICATION NOV 30 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS
FOR THE NINTH CIRCUIT
MAGDARLINE HERARD, No. 08-73784
Petitioner, Agency No. A079-778-052
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Magdarline Herard, a native and citizen of Haiti, petitions for review of the
Board of Immigration Appeals’ order dismissing her appeal from an immigration
judge’s decision denying her motion to reopen removal proceedings. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
RA/Research 08-73784
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s
denial of a motion to reopen, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.
2004), amended by 404 F.3d 1105 (9th Cir. 2005), and we deny the petition for
review.
The agency did not abuse its discretion in denying Herard’s motion to
reopen as untimely because the motion was filed more than five years after the
final order of removal, see 8 C.F.R. § 1003.23(b)(1), and Herard failed to
demonstrate changed circumstances in Haiti to qualify for the regulatory exception
to the time limits for filing motions to reopen, see 8 C.F.R. § 1003.23(b)(4)(i), see
also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (“The critical question is
. . . whether circumstances have changed sufficiently that a petitioner who
previously did not have a legitimate claim for asylum now has a well-founded fear
of future persecution.”).
PETITION FOR REVIEW DENIED.
RA/Research 2 08-73784