Delia Perez-Fajardo v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Delia Perez-Fajardo v. Eric Holder, Jr., 508 F. App'x 597 (9th Cir. 2013)

Delia Perez-Fajardo v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Delia Maritza Perez-Fajardo, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals (“BIA”) order denying her 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, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Perez-Fajardo’s motion to reopen as untimely because Perez-Fajardo failed to present material evidence of changed circumstances in Guatemala to qualify for the regulatory exception to the time limit for filing a motion to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 990 (previously unavailable evidence must be material to the petitioner’s claim).

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Delia Maritza PEREZ-FAJARDO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished