Norma Kenny v. Eric Holder, Jr.
Norma Kenny v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Norma Gladiz Kenny, a native and citizen of Guatemala, 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, and review de novo questions of law. Mohammed, v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
The BIA used the correct legal standard and did not abuse its discretion in denying Kenny’s motion to reopen as untimely where Kenny filed her motion six years after her order of removal became final, and she failed to demonstrate extraordinary circumstances to waive the one-year filing deadline. See 8 U.S.C. § 1229a(c)(7)(C)(iv)(III).
In light of our disposition, we need not reach Kenny’s remaining contention.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.