U.S. Court of Appeals for the Ninth Circuit, 2017

Jorge Cruz-Pineda v. Jefferson Sessions

Jorge Cruz-Pineda v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided October 31, 2017 · McKeown, Watford, Friedland
699 F. App'x 769

Jorge Cruz-Pineda v. Jefferson Sessions

Opinion

MEMORANDUM **

Jorge Alberto Cruz-Pineda, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 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 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Cruz-Pineda’s motion to reopen as untimely where the motion was filed more than fifteen years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Cruz-Pineda failed to provide evidence of a material change in circumstances in El Salvador to qualify for a regulatory exception to the time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2(e)(3)(ii); see also Najmabadi, 597 F.3d at 991-92 (BIA did not abuse its discretion where petitioner failed to introduce material evidence)

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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