Blanco
Blanco v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
This is a petition for review of the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reopen removal proceedings.
We review the BIA’s ruling on a motion to reopen for abuse of discretion. Perez v. Mulcasey, 516 F.3d 770, 773 (9th Cir.2008).
An alien who is subject to a final order of removal is limited to filing one motion to reopen removal proceedings, and that motion must be filed within 90 days of the date of entry of a final order of removal. 8 U.S.C. § 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2 (c)(2).
In this case, petitioner claims that he is exempt from the time and number limitations because he sought to reopen proceedings in order to apply for relief under the Convention Under Torture (“CAT”). See 8 U.S.C. § 1229a(c)(7)(C)(iii). However, in making his claim for protection under the *69 Convention Against Torture (“CAT”), petitioner failed to present evidence of changed country conditions in Mexico that are material to petitioner and his circumstances. See 8 C.F.R. § 1003.2 (c)(3)(ii).
Because petitioner’s second motion to reopen was filed beyond the 90-day deadline, and because petitioner failed to meet his burden of…