Kiptabut

MEMORANDUM

Gladys Chepkurir Kiptabut, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (“BIA”) January 23, 2007, order denying her 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, Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003), and we review de novo due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Kiptabut’s motion to reopen because her motion was untimely, see 8 C.F.R. § 1003.2 (c), and Kiptabut failed to establish changed country conditions or other special circumstances that would warrant reopening, see 8 C.F.R. § 1003.2 (e)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.”).

Kiptabut’s contention that the BIA violated her due process rights by failing to review documents submitted with her motion to…