Asminda Verastegui-Valle v. Eric Holder, Jr.

MEMORANDUM

Asminda Verastegui-Valle, a native and' citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motions to reopen. Our jurisdiction is governed by 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 in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Verastegui-Valle’s untimely motions to reopen because she did not, establish materially changed circumstances in Mexico 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 990 (evidence lacked materiality because it recounted “generalized conditions” that did not show petitioner’s situation was “appreciably different from the dangers faced by her fellow citizens”) (internal citation and quotations omitted); Carrillo-Gonzalez v. INS, 353 F.3d 1077, 1079 (9th Cir.2003) (arguments of counsel do not constitute evidence). We reject…