Melendez-Delgado

Melendez-Delgado v. Gonzales

Good Law
214 F. App'x 726
United States Court of Appeals for the Ninth CircuitDecember 27, 2006No. 05-73567California230 words

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).

PETITION…

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