FILED
NOT FOR PUBLICATION JAN 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SHIZENG ZHU, No. 08-74163
Petitioner, Agency No. A079-524-119
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Shizeng Zhu, a native and citizen of China, 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. Reviewing for abuse of discretion,
*
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).
Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), we deny the petition for
review.
The BIA did not abuse its discretion in denying Zhu’s motion to reopen as
untimely and number-barred where the successive motion was filed more than four
years after the BIA’s January 26, 2004, final order of removal, see 8 C.F.R.
§ 1003.2(c)(2), and Zhu failed to establish changed circumstances in China to
qualify for the regulatory exception to the time and number filing limitations, see 8
C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th
Cir. 2008) (evidence must demonstrate prima facie eligibility for relief sought in
order to reopen proceedings based on changed country conditions).
PETITION FOR REVIEW DENIED.
2 08-74163