Melendez-Delgado
Melendez-Delgado v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Maura Melendez-Delgado, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ *727 (“BIA”) order denying her motion to reopen or reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion, see Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and we deny the petition for review.
To the extent Melendez-Delgado sought to reopen removal proceedings, the BIA did not abuse its discretion in denying her motion, because it exceeded the one-motion limit, see 8 C.F.R. § 1003.2 (c)(2), and she did not demonstrate a material change in circumstances in Mexico, see 8 C.F.R. § 1003.2 (c)(3)(ii). Melendez-Delgado’s reliance on Khourassany v. INS, 208 F.3d 1096 , 1099 & n. 2 (9th Cir.2000) is misplaced. In that case, the time and number limits for motions to reopen did not apply because petitioner had been ordered deported before March 22, 1999. See 8 C.F.R. § 1208.18 (b)(2).
To the extent Melendez-Delgado sought reconsideration, the BIA did not abuse its discretion in denying her motion, because it was filed more than 30 days after the BIA’s previous order. See 8 C.F.R. § 1003.2 (b)(2).