Francisco Rosales-Urquilla v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Francisco Rosales-Urquilla v. Eric Holder, Jr., 556 F. App'x 638 (9th Cir. 2014)

Francisco Rosales-Urquilla v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Francisco Paul Rosales-Urquilla, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation 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. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review.

*639 Rosales-Urquilla’s motion to take judicial notice of a receipt issued by USCIS showing that he filed a petition for a U-Visa is denied.

The BIA found Rosales-Urquilla’s motion to reopen was untimely because the motion was filed over thirteen years after the BIA’s final order and Rosales-Urquilla failed to present sufficient evidence of changed circumstances in El Salvador to qualify for the regulatory exception to the time limit for filing motions to reopen. Rosales-Urquilla raises a contention regarding relief under the Convention Against Torture, but does not argue this issue is relevant to the BIA’s denial of his motion to reopen as untimely. Nor does Rosales-Urquilla otherwise challenge the BIA’s basis for denying his untimely motion to reopen. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996). Thus, we deny the petition for review.

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
Francisco Paul ROSALES-URQUILLA, A.K.A. P. Francisco Roseales Urquillo, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished