Nikolay Gechev v. Eric Holder, Jr.

Good Law
535 F. App'x 566
United States Court of Appeals for the Ninth CircuitJuly 31, 201311-71719California296 words

Opinion

Opinion

MEMORANDUM

Nikolay Krastev Gechev, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010), and review de novo claims of due process violations in immigration proceedings, Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir.2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Gechev’s untimely motion to reopen because he did not establish changed circumstances in Bulgaria to qualify for the regulatory exception to the time limit. See 8 C.F.R. § 1003.2 (c)(3)(h); Najmabadi, 597 F.3d at 988-89, 991 (evidence of conditions similar to those in evidence at prior proceedings was not “qualitatively different”; exception under 8 C.F.R. § 1003.2 (c)(3)(h) is only for changed circumstances arising in country of nationality, not self-induced change in personal circumstances). We reject Gechev’s contention that the BIA erred in its consideration of his motion under Judulang v. Holder, — U.S.-, 132 S.Ct. 476 , 181…

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