U.S. Court of Appeals for the Ninth Circuit, 2011

Francisco Noyola Hernandez v. Eric Holder, Jr.

Francisco Noyola Hernandez v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 15, 2011 · Farris, O'Scannlain, Bybee
421 F. App'x 719

Francisco Noyola Hernandez v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Francisco Noyola Hernandez, a native and citizen of Mexico, 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 Hernandez’s motion to reopen as untimely and successive because he filed his second motion to reopen over 20 months after the BIA’s final administrative decision, see 8 C.F.R. § 1003.2(c)(2), and because Hernandez failed to demonstrate changed country conditions to qualify for the regulatory exception to the time and numerical limits for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Lin v. Holder, 588 F.3d 981, 986, 986-989 (9th Cir. 2009).

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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