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

Pradeep Bhusal v. Eric Holder, Jr.

Pradeep Bhusal v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 20, 2013 · Tallman, Smith, Hurwitz
530 F. App'x 634

Pradeep Bhusal v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Hennadiy Zaporozhets, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal *635 proceedings. 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 did not abuse its discretion in denying Zaporozhets’s motion to reopen as untimely where the motion was filed more than eighteen months after his removal order became final, see 8 C.F.R. § 1003.2(c)(2), and Zaporozhets failed to demonstrate a material change in circumstances in Ukraine to qualify for the regulatory exception to the filing deadline, id. at (c)(3)(h); Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008).

Zaporozhets’s contention that the BIA failed to articulate and apply the correct legal standard is not supported by the record.

PETITION FOR REVIEW DENIED.

**

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

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