NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 21 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

OSCAR LIMA-NUNEZ, AKA Oscar No. 20-72246 Manuel Nunez, Agency No. A071-609-947 Petitioner,

v. MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted October 12, 2021**

Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

Oscar Lima-Nunez, 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. We have jurisdiction under 8 U.S.C. § 1252. We review for

* 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). 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 Lima-Nunez’s motion to

reopen as untimely, where it was filed over three years after the order of removal

became final, see 8 C.F.R. § 1003.2(c)(2), and he has not established changed

country conditions in El Salvador to qualify for the regulatory exception to the

filing deadline, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (requiring movant to produce material evidence with motion to

reopen that conditions in country of nationality had changed); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening).

The temporary stay of removal remains in place until issuance of the

mandate.

PETITION FOR REVIEW DENIED.

2 20-72246