Maria Iraheta-Mejia v. Eric Holder, Jr.

MEMORANDUM

Maria Nely Iraheta-Mejia, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand and dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen and remand, Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999), and we deny the petition for review.

The agency did not abuse its discretion in denying Iraheta-Mejia’s motion to reopen as untimely because the motion was filed over three years after the final administrative order, see 8 C.F.R. § 1003.2 (c)(2), and Iraheta-Mejia failed to establish materially changed circumstances in El Salvador to qualify for the regulatory exception to the time limitations for motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h); Najmabadi v. Holder, 597 F.3d 983, 987-89 (9th Cir.2010) (evidence of changed circumstances must be qualitatively different from what could have been presented at prior hearing). We reject Iraheta-Mejia’s contentions that the agency’s treatment of her affidavit and other evidence was improper…