U.S. Court of Appeals for the Ninth Circuit, 2018

Xiuman Wan v. Jefferson Sessions

Xiuman Wan v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided May 21, 2018

Xiuman Wan v. Jefferson Sessions

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 21 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT XIUMAN WAN, No. 16-73549 Petitioner, Agency No. A075-759-065 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2018** Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.

Xiuman Wan, a native and citizen of China, petitions 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 denial of a motion to reopen, Najmabadi v. Holder, 597

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

F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Wan’s motion to reopen as untimely where the motion was filed seven years after the BIA’s final order, see C.F.R § 1003.2(c)(2), and where Wan failed to demonstrate changed country conditions in China to qualify for the regulatory exception to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 987-90 (petitioner failed to show evidence was “qualitatively different” to warrant reopening).

PETITION FOR REVIEW DENIED.

2 16-73549

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