Ophelia Abramian v. Eric Holder, Jr.

MEMORANDUM

Ophelia Eduardovna Abramian, a native and citizen of Georgia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen proceedings. We review for an abuse of discretion the BIA’s denial of the motion to reopen, see Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny the petition for review.

Abramian has waived any issues relating to asylum, the Convention Against Torture, and due process. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

We have jurisdiction to review Abramian’s contention that the BIA abused its discretion by denying her motion to reopen proceedings because of changed country circumstances. See Bromfield v. Mukasey, 543 F.3d 1071, 1075-76 (9th Cir.2008).

We hold that the BIA did not abuse its discretion in denying Abramian’s motion to reopen as untimely because Abramian filed the motion more than 90 days after the BIA issued its final order, see 8 C.F.R. § 1003.2 (c)(2), and she failed to present the material evidence of changed circumstances in Georgia that was required to qualify for the regulatory exception to the time limit for filing motions to reopen. See 8 C.F.R. §…