Cesar Sanchez v. Loretta E. Lynch

MEMORANDUM

Cesar Moisés Sanchez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 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. Avagyan v. Holder, 646 F.3d 672, 678 (9th Cir. 2011). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Sanchez’s motion to reopen as untimely, where it was filed more than four years after the filing deadline, see 8 C.F.R. § 1003.23 (b)(1), and he did not provide sufficient evidence of changed country conditions to invoke the filing deadline exception, see 8 C.F.R. § 1003.23 (b)(4)(i). Sanchez’s contention that a change in law makes him eligible for asylum and thus invokes the exception to the filing deadline is unavailing. See Azanor v. Ashcroft, 364 F.3d 1013, 1022 (9th Cir. 2004) (asserting a change of law, rather than a change in conditions in the country of removal, is an improper expansion of the exception).

We lack jurisdiction to review the agency’s -discretionary decision not to…