Cesar Hernandez-Mejia v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION JUL 12 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CESAR ANTONIO HERNANDEZ- No. 08-71123 MEJIA, Agency No. A096-069-687 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Cesar Antonio Hernandez-Mejia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 770, 773 (9th Cir. 2008), and we deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion in denying Hernanedez-Mejia’s motion to reopen as untimely where his motion was filed almost two years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and he failed to present sufficient evidence of changed circumstances in Mexico to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii). We lack jurisdiction to consider Hernandez-Mejia’s contentions regarding the BIA’s March 10, 2006 and November 21, 2007 orders, because this petition for review is not timely as to those orders. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 08-71123