Yong Zou v. Loretta E. Lynch

MEMORANDUM

Yong Tao Zou, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Zou’s second motion to reopen as untimely and number-barred, because the motion was filed over eight years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Zou failed to present material evidence of changed conditions in China to qualify for the regulatory exception to the filing deadline, see 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 987-91 ; Azanor v. Ashcroft, 364 F.3d 1013, 1022 (9th Cir.2004) (regulatory exception does not extend to alleged changes in United States asylum law).

Zou’s contentions that the BIA ignored arguments, or failed to adequately explain its decision, are not supported. See Si-meonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir.2004) (“As a general rule, courts and…