Villalba Montes v. Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 14 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARLOS VILLALBA MONTES, No. 23-684 Agency No. Petitioner, A095-675-387 v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted May 8, 2024** Pasadena, California

Before: WARDLAW, CHRISTEN, and BENNETT, Circuit Judges.

Carlos Villalba Montes (“Villalba”), a native and citizen of Mexico,

petitions for review of the denial of a motion to reopen by the Board of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Immigration Appeals (“BIA”). We have jurisdiction pursuant to 8 U.S.C. § 1252,

and we deny the petition.

1. The BIA did not abuse its discretion in denying Villalba’s motion to

reopen as untimely, given that it was filed over seven years after he…