Besmira Celmeta v. Eric Holder, Jr.
Opinion
Opinion
Berzon, J.
MEMORANDUM
Besmira Celmeta, a native and citizen of Albania, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion the BIA’s denial of a motion to reopen, and we review de novo legal questions. 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 Celmeta’s motion to reopen as untimely where the motion was filed over four years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Celmeta failed to present sufficient evidence of changed circumstances in Albania to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); see Najmabadi v. Holder, 597 F.3d 983, 987 (9th Cir.2010) (material new evidence must be qualitatively different from the evidence presented at the prior proceeding); Bolshakov v. INS, 133 F.3d 1279, 1281 (9th Cir.1998) (the BIA correctly concluded that petitioners evidence of renewed threats did not show new circumstances).