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

Siknaber Pawal v. Eric H. Holder Jr.

Siknaber Pawal v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided September 30, 2010 · Silverman, Callahan, Smith
398 F. App'x 209

Siknaber Pawal v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Esperanza Ruvalcaba-Sandoval, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion, He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007), and we deny the petition for review.

The BIA did not abuse its discretion in denying Ruvaleaba-Sandoval’s motion to reopen as untimely where it was filed over one year after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Ruvalcaba-Sandoval failed to establish changed circumstances in Mexico to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(h); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (evidence must demonstrate prima facie eligibility for relief in order to reopen proceedings based on changed circumstances).

Ruvaleaba-Sandoval’s contentions that the BIA failed to apply the correct legal standard and did not consider the facts are belied by the record.

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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