Estrada-Dominguez

MEMORANDUM **

Petitioner petitions for review from the Board of Immigration Appeals’ (“BIA”) order denying petitioner’s motion to reopen removal proceedings. We review the denial of a motion to reopen for abuse of discretion. See Hamoui v. Ashcroft, 389 F.3d 821, 826 (9th Cir.2004); Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002).

Following the BIA’s denial of petitioner’s appeal on February 27, 2006 and the BIA’s subsequent denial of petitioner’s motion to reconsider, petitioner filed an appeal with this court, which was denied in part and dismissed in part on April 16, 2007. Petitioner then filed this motion to reopen, to challenge the BIA and IJ’s findings that petitioner had not established the requisite hardship, and to apply for protection under the Convention Against Torture (“CAT”) on October 26, 2007.

The regulations provide that “a party may file only one motion to reopen ... and *438 that motion must be filed no later than 90 days after the date on which the final administrative decision was rendered.... ” See 8 C.F.R. § 1003.2 (c)(2). Changed circumstances in the country of origin, however, may justify the late filing of a motion to reopen to file a claim for…