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

Beatriz Espinel v. Eric Holder, Jr.

Beatriz Espinel v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 29, 2011 · Canby, O'Scannlain, Fisher
441 F. App'x 439

Beatriz Espinel v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Beatriz Elena Espinel, a native and citizen of Venezuela, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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, Iturnbarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Espinel’s motion to reopen as untimely where it was filed more than 90 days after the BIA’s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Espinel failed to establish changed circumstances in Venezuela to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (requiring movant to produce material evidence with motion to reopen that conditions in country of nationality had changed).

Counsel’s motion to withdraw is granted. The docket shall be amended to reflect that Espinel is proceeding pro se.

PETITION FOR REVIEW DENIED.

**

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

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