Isidro Juan Francisco v. Loretta E. Lynch

MEMORANDUM

Isidro Juan Francisco, native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny the petition for review.

The BIA did not abuse its discretion in denying Juan Francisco’s motion to reopen as untimely, where the motion was filed more than two years after the BIA’s final order, and Juan Francisco failed to establish materially changed country conditions in Guatemala based on a disfavored group and imputed political opinion claim to qualify for the regulatory exception to the filing deadline. See 8 C.F.R. § 1003.2 (c)(3)(ii); Toufighi, 538 F.3d at 996 (to prevail on a motion to reopen based on changed country conditions, applicant must produce material evidence of changed country conditions that establishes prima facie eligibility for the relief sought).

We reject Juan Francisco’s contentions that the BIA erred or acted arbitrarily in stating that motions to reopen are disfavored, see Toufighi, 538…