Magdarline Herard v. Eric H. Holder Jr. ( 2009 )


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  •                                                                             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    NOT FOR PUBLICATION                            NOV 30 2009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
    

Document Info

Docket Number: 08-73784

Judges: Alarcón, Trott, Tashima

Filed Date: 11/30/2009

Precedential Status: Non-Precedential

Modified Date: 3/1/2024