Angel Cun-Luc v. Loretta E. Lynch , 637 F. App'x 266 ( 2016 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 15-1299
    ___________________________
    Angel Alex Cun-Luc
    lllllllllllllllllllllPetitioner
    v.
    Loretta E. Lynch, Attorney General of the United States
    lllllllllllllllllllllRespondent
    ____________
    Petition for Review of an Order of the
    Board of Immigration Appeals
    ____________
    Submitted: February 16, 2016
    Filed: February 25, 2016
    [Unpublished]
    ____________
    Before LOKEN, MURPHY, and BYE, Circuit Judges.
    ____________
    PER CURIAM.
    Guatemalan citizen Angel Alex Cun-Luc petitions for review of an order of the
    Board of Immigration Appeals (BIA) denying his second motion to reopen
    proceedings. We find no abuse of discretion in the denial of the motion, see Martinez
    v. Lynch, 
    785 F.3d 1262
    , 1264-65 (8th Cir. 2015) (reviewing for abuse of discretion
    denial of motion to reopen); Averianova v. Holder, 
    592 F.3d 932
    , 936 (8th Cir. 2010)
    (reviewing BIA’s decision regarding changed country conditions under highly
    deferential abuse of discretion standard). The BIA did not err in determining that
    Cun-Luc’s second motion to reopen was untimely and number-barred. See 8 U.S.C.
    § 1229a(c)(7)(A), (C)(i) (generally party may file one motion to reopen proceedings;
    motion to reopen must be filed within 90 days of date order of removal becomes
    administratively final); 8 C.F.R. § 1003.23(b)(1) (same). While there is a changed-
    country-conditions exception to the filing deadline and numerical limitation for
    motions to reopen, see 8 U.S.C. § 1229a(7)(A), (C)(ii); 8 C.F.R. § 1003.2(c)(3)(i)-(ii),
    1003.23(b)(4)(i), we agree with the BIA that Cun-Luc failed to show he qualified for
    the exception, see Zhong Qin Zheng v. Mukasey, 
    523 F.3d 893
    , 895-96 (8th Cir.
    2008) (discussing exception). The petition for review is denied.
    ______________________________
    -2-
    

Document Info

Docket Number: 15-1299

Citation Numbers: 637 F. App'x 266

Filed Date: 2/25/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023