Avila-Perez

MEMORANDUM **

Cosme Damian Avila-Perez seeks review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. See 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 Avila-Perez’s motion to reopen as untimely where Avila-Perez filed the motion more than four months after the BIA’s final order of removal, see 8 C.F.R. § 1003.2 (c)(2), and failed to submit any evidence of changed country conditions in Guatemala that would excuse the late filing, see 8 C.F.R. § 1003.2 (c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (requiring circumstances to “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”).

To the extent Avila-Perez contends that the BIA failed to consider some or all of the evidence he submitted with the motion to reopen, he has not overcome the presumption…