Kessya Moreira v. Eric Holder, Jr.

MEMORANDUM

Kessya Kattury Moreira, a native and citizen of Brazil, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reopen based on claims of changed country conditions and ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Siong v. INS, 376 F.3d 1030, 1037 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying the portion of Moreira’s motion to reopen requesting remand to the immigration judge, because Moreira filed the motion over two and one-half years after issuance of the final order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i), and her motion asserted only changes in personal circumstances occurring outside of Brazil that do not warrant an exception to the filing deadline, see id. § 1229a(c)(7)(C)(ii); He v. Gonzales, 501 F.3d 1128, 1132 (9th Cir.2007) (recognizing that a change in personal circumstances does not amount to a change in country conditions).

We dismiss as moot Moreira’s challenge to the denial of the portion of her motion to…