Karina Santos-Robles v. Eric Holder, Jr.

Good Law
474 F. App'x 567
United States Court of Appeals for the Ninth CircuitJuly 9, 201210-70114California286 words

Opinion

Opinion

MEMORANDUM

Karina Liseth Santos-Robles, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying her motion to reopen removal pro ceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir.2008), and review de novo questions of law, Ramos Barrios v. Holder, 581 F.3d 849, 854 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The IJ did not abuse his discretion in denying as untimely Santos-Robles’ motion to reopen. Santos-Robles filed the motion more than two years after the order of removal, see 8 C.F.R. § 1003.23 (b)(4)(ii) (motion to reopen in absentia proceedings generally must be filed within 180 days of the removal order), and she failed to establish changed country conditions that warranted reopening, see 8 C.F.R. § 1003.23 (b)(4)(i).

We lack jurisdiction to review Santos-Robles’ unexhausted contention that she did not receive proper notice of the hearing. See Barron v. Ashcroft, 358 F.3d 674,…

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