Meliton Cervantes Salazar v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Meliton Cervantes Salazar, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for review.
The BIA did not abuse its discretion by denying Cervantes Salazar’s motion as untimely, where he filed the motion over two years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and he failed to demonstrate changed conditions in Mexico material to his claims in order to warrant an exception to the deadline, see Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (holding that a petitioner cannot reopen based on changed country conditions by relying on evidence that simply recounts generalized country conditions without demonstrating that his or her predicament is appreciably different from the dangers faced by fellow citizens). In light of our disposition, we do not reach Cervantes Salazar’s remaining contentions regarding his prima facie eligibility for relief.