Evelia Campuzano Blanco v. Eric Holder, Jr.

MEMORANDUM

Evelia Campuzano-Blanco, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Campuzano-Blanco’s motion to reopen as untimely where the motion was filed over nine months after the BIA’s order dismissing the underlying appeal, see 8 C.F.R. § 1003.2 (c)(2) (motion to reopen generally must be filed within 90 days of the final order), and Campuzano-Blanco failed to present material evidence of changed circumstances in Mexico to qualify for the regulatory exception to the filing deadline, see 8 C.F.R. § 1003.2 (c)(3)(ii); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1151 (9th Cir.2010) (“Asylum is not available to victims of indiscriminate violence, unless they are singled out on account of a protected ground.”).

We lack jurisdiction to review the BIA’s…