Curin-Franco v. Holder

U.S. Court of Appeals for the Ninth Circuit
Curin-Franco v. Holder, 408 F. App'x 24 (9th Cir. 2011)
Goodwin, Wallace, Thomas

Curin-Franco v. Holder

Opinion

MEMORANDUM **

Sergio Orlando Curin-Franco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, 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 Curin-Franco’s motion to reopen as untimely because he filed it more than one year after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Curin-Franco failed to demonstrate changed country conditions to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also He, 501 F.3d at 1132 (changed personal circumstances insufficient to support an untimely motion to reopen).

Curin-Franco’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Sergio Orlando CURIN-FRANCO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished