Jaime Montoya v. Eric Holder, Jr.

MEMORANDUM

Jaime Ricardo Montoya, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the agency’s denial of a motion to reopen and a motion to remand. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petition for review.

Contrary to Montoya’s contention, the BIA incorporated only that portion of the IJ’s decision finding Montoya failed to establish changed circumstances in Guatemala to qualify for the regulatory exception to the time limitation for filing a motion to reopen. Our review is therefore limited to that portion of the IJ’s decision. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). The agency did not abuse its discretion in denying Montoya’s untimely motion to reopen because Montoya did not demonstrate that the evidence he submitted with his motion was material, new, and previously unavailable. See 8 C.F.R. § 1003.2 (c)(1) (evidence offered with a motion to reopen must have…