Alvarado-Guzman

Alvarado-Guzman v. Holder

Good Law
320 F. App'x 802
United States Court of Appeals for the Ninth CircuitApril 2, 2009No. 06-75547California201 words

Opinion

Lead Opinion

MEMORANDUM **

Carmen Alvarado-Guzman, a native and citizen of Guatemala, petitions pro se for *803 review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

The BIA did not abuse its discretion in denying Alvarado-Guzman’s motion to reopen as untimely because it was filed more than two years after the BIA issued its final order, see 8 C.F.R. § 1003.2 (c)(2), and Alvarado-Guzman 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)(h); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.”).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except…

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