Gaspar Pastor Oxlaj v. Eric Holder, Jr.

MEMORANDUM

Gaspar Pastor Oxlaj, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Sembiring v. Gonzales, 499 F.3d 981, 985 (9th Cir.2007), and we deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Pastor Oxlaj’s motion to reopen as untimely where he filed the motion nearly eleven years after he was ordered removed, see 8 C.F.R. § 1003.23 (b)(4)(ii), and failed to submit sufficient evidence to rebut the presumption of proper delivery of his Notice to Appear, see Sembiring, 499 F.3d at 987-88 .

In his opening brief, Pastor Oxlaj has waived any challenge to the BIA’s determinations that he was not entitled to equitable tolling of the filing deadline for his motion, and that he failed to establish changed country conditions in Guatemala in order to qualify for a regulatory exception to the deadline. See Rizk v. Holder, 629…