Ali

Mukweya v. Holder

Good Law
423 F. App'x 683
United States Court of Appeals for the Ninth CircuitMarch 30, 201105-70814California261 words

Opinion

Opinion

MEMORANDUM

Trisha Mukweya, a native and citizen of Uganda, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, Mohammed v. Gonzales, 400 F.3d 785 , 791 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Mukweya’s motion to reopen where the motion was filed more than 90 days after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Mukweya failed to establish materially changed circumstances in Uganda to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (requiring circumstances to have changed sufficiently that petitioner now has a well-founded fear of persecution). Because this issue is dispositive of Mukweya’s motion to reopen, we reject her contention the BIA erred by failing to address whether she established prima facie eligibility for relief under the Convention Against…

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