Jeremy Nyuwa v. Loretta E. Lynch

MEMORANDUM

Jeremy Amin Nyuwa, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) orders denying his fifth motion to reopen (No. 13-74265), his subsequent motion to reconsider and sixth motion to reopen (No. 14-70333), and his subsequent motion to reconsider (No. 14-71231). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of motions to reopen and reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petitions for review.

As to petition No. 13-74265, the BIA did not abuse its discretion in its November 21, 2013, order denying Nyuwa’s fifth motion to reopen as untimely and number-barred where it was filed over seven years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Nyuwa failed to establish an exception to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational, or contrary to law”). We reject Nyuwa’s contention that the BIA erred by not considering…