FILED
NOT FOR PUBLICATION MAR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO NOYOLA HERNANDEZ, No. 09-70374
Petitioner, Agency No. A079-521-677
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Francisco Noyola Hernandez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
*
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).
discretion the denial of a motion to reopen, He v. Gonzales, 501 F.3d 1128,
1130-31 (9th Cir. 2007), and we deny the petition for review.
The BIA did not abuse its discretion in denying Hernandez’s motion to
reopen as untimely and successive because he filed his second motion to reopen
over 20 months after the BIA’s final administrative decision, see 8 C.F.R. §
1003.2(c)(2), and because Hernandez failed to demonstrate changed country
conditions to qualify for the regulatory exception to the time and numerical limits
for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Lin v. Holder, 588 F.3d 981,
986, 986-989 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
2 09-70374