U.S. Court of Appeals for the Ninth Circuit, 2010

Zhengbin He v. Holder

Zhengbin He v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2010 · Alarcón, Leavy, Graber
388 F. App'x 615

Zhengbin He v. Holder

Opinion

MEMORANDUM **

Zhengbin He, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider and to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of motions to reopen and reconsider, Cano-Mer-ida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we deny the petition for review.

The BIA did not abuse its discretion in denying He’s motion as untimely because He filed it more than a year after the BIA’s order dismissing the underlying appeal, see 8 C.F.R. § 1003.2(b)(2) & (c)(2), and the motion failed to demonstrate changed country conditions in China to qualify for the regulatory exception to the filing deadline, see id. § 1003.2(c)(3)(ii).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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