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

Josue Calvillo v. Eric Holder, Jr.

Josue Calvillo v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 20, 2013

Josue Calvillo v. Eric Holder, Jr.

Opinion

FILED NOT FOR PUBLICATION JUN 20 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JOSUE ESTRADA CALVILLO, No. 11-71746 Petitioner, Agency No. A029-567-302 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 18, 2013 ** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.

Josue Estrada Calvillo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

983, 986 (9th Cir. 2010). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Calvillo’s challenges to the original agency proceedings in 1995 because this petition is not timely as to those proceedings.

See Ma v. Ashcroft, 361 F.3d 553, 557 n.6 (9th Cir. 2004).

The BIA did not abuse its discretion in denying Calvillo’s untimely motion to reopen because he did not establish changed circumstances in Guatemala to qualify for the regulatory exception to the time limit. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

2 11-71746

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