Mihalev

Mihalev v. Holder

Good Law
329 F. App'x 100
United States Court of Appeals for the Ninth CircuitMay 27, 2009No. 07-71897California271 words

Opinion

Lead Opinion

MEMORANDUM **

Krasimir Iliev Mihalev, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his 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 in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Mihalev’s motion to reopen as untimely where the motion was filed over two years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Miha-lev failed to present sufficient evidence of *102 changed circumstances in Bulgaria to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2 (c)(S)(ii); see also Toufighi v. Mukasey, 588 F.3d 988, 996-97 (9th Cir.2008) (underlying adverse credibility determination rendered evidence of changed circumstances immaterial).

We lack jurisdiction to review the BIA’s sua sponte denial of the motion to reopen based on Mihalev’s renewed challenge to the agency’s adverse credibility determination. See Abassi v. INS, 305 F.3d 1028, 1032 (9th…

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