U.S. Court of Appeals for the Ninth Circuit, 2013

Felipa De Los Angeles-Moreno v. Eric Holder, Jr.

Felipa De Los Angeles-Moreno v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided December 19, 2013 · Goodwin, Wallace, Graber
550 F. App'x 420

Felipa De Los Angeles-Moreno v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Felipa De Los Angeles-Moreno, a native and citizen of El Salvador, 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, Najmabadi v. Holder, 597 F.3d 983, 986 *421 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying De Los Angeles-Moreno’s motion to reopen as untimely because it was filed nearly two years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and De Los Angeles-Moreno failed to demonstrate changed circumstances in El Salvador to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(h); Najmabadi, 597 F.3d at 988-89 (evidence submitted with motion to reopen must show conditions are qualitatively different than at time of hearing); see also Almaraz v. Holder, 608 F.3d 638, 640 (9th Cir. 2010) (change in petitioner’s health was a change in personal circumstances, not a change in country conditions sufficient to excuse an untimely motion to reopen).

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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