Trisha Mukweya v. Eric H. Holder Jr.

MEMORANDUM **

Julio Cesar Moreno-Heredia, a native and citizen of Peru, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his third motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007). We deny the petition for review.

The BIA did not abuse its discretion in denying Moreno-Heredia’s third motion to reopen as untimely and numerically barred where the motion was filed nearly five years after the BIA’s final administrative order, see 8 C.F.R. § 1003.2(c)(2), and Moreno Heredia failed to establish changed circumstances in Peru to qualify for the regulatory exception to the time and numerical bar for filing motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(h); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did hot have a legitimate claim for asylum now has a well-founded fear of future persecution.”).

PETITION FOR REVIEW DENIED.