Jorge Murga-Aquino v. Eric Holder, Jr.

MEMORANDUM

Jorge Fernando Murga-Aquino, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir.2011), and review de novo questions of law, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Murga-Aquino’s motion to reopen as untimely and number barred. First, his motion, being his second motion to reopen and having been filed approximately ten years after his deportation order became administratively final, exceeded the time and numerical limitations on motions to reopen. See 8 C.F.R. § 1003.2 (c)(2). Second, Murga-Aquino did not establish that his motion qualified for an exception to the filing limitations based on changed country conditions, where his change in name and religious affiliation, without any related change in country conditions, constitutes solely a change in personal circumstances.…