Marlon Rodriguez v. Eric Holder, Jr.

MEMORANDUM

Marlon Antonio Rodriguez, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision 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. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Rodriguez’s motion to reopen as untimely, where he filed the motion over sixteen years after the IJ’s final order of deportation, see 8 C.F.R. § 1003.2 (c)(2), and he failed to establish materially changed circumstances in Nicaragua in order to qualify for the regulatory exception, 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 conditions must be qualitatively different than what could have been presented at prior hearing).

We also reject Rodriguez’s contention that the BIA failed to consider the evidence before it because he has not overcome the presumption that the BIA reviewed…