Manuel Matzar Nix v. Eric Holder, Jr.

MEMORANDUM

Manuel De Jesus Matzar Nix, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008), and we deny the petition for review.

The BIA did not abuse its discretion in denying Nix’s motion to reopen as untimely where the motion was filed over twelve years after the agency’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Nix failed to demonstrate changed circumstances in Guatemala 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 also Toufighi, 538 F.3d at 996 (requiring movant to produce material evidence of change in the country of origin that would establish prima facie eligibility for relief). Further, the agency did not abuse its discretion in declining to equitably toll the filing deadline based on Nix’s claim of ineffective assistance of counsel, because Nix failed to show he acted with due diligence during the twelve years since…