Ronaldo Quinonez-Colop v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Ronaldo Quinonez-Colop, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen exclusion proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Quinonez-Colop’s motion to reopen as untimely where the motion was filed more than nine years after his exclusion order became final, see 8 C.F.R. § 1003.2 (c)(2), and Quinonez-Colop failed to demonstrate a material change in circumstances in Guatemala to qualify for the regulatory exception to the filing deadline, see 8 C.F.R. § 1003.2 (c)(3)(ii).
We lack jurisdiction to consider Quino-nez-Colop’s contention regarding fraud by a non-attorney in the filing of his second motion to reopen because he failed to raise that claim to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (this court lacks jurisdiction to review contentions not raised before the agency).