FILED
NOT FOR PUBLICATION MAR 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GABRIELA GOMEZ, No. 09-71225
Petitioner, Agency No. A095-200-504
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.
Gabriela Gomez, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) denial of her second motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d
770, 773 (9th Cir. 2008), and we deny the petition for review.
The BIA did not abuse its discretion in denying Gomez’s second motion to
reopen as untimely and numerically barred where the motion was filed over a year
and a half after the BIA’s final administrative order, see 8 C.F.R. § 1003.2(c)(2),
and Gomez failed to establish changed circumstances in Mexico to qualify for the
regulatory exception to the time and numerical bar for filing motions to reopen.
See 8 C.F.R. § 1003.2(c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th
Cir. 2004) (“The critical question is . . . whether circumstances have changed
sufficiently that a petitioner who previously did not have a legitimate claim for
asylum now has a well-founded fear of future persecution.”).
The BIA also did not abuse its discretion by denying the motion to reopen as
to her cancellation of removal claim, because it correctly determined that Gomez
had overstayed the period of voluntary departure, and was therefore statutorily
ineligible for the requested relief. See 8 U.S.C. § 1229c(d)(1); Granados-
Oseguera v. Mukasey, 546 F.3d 1011, 1015-16 (9th Cir. 2008) (per curiam).
We grant Gomez’s counsel’s motion to withdraw as attorney of record. The
Clerk shall amend the docket to reflect that Gomez is proceeding pro se. The Clerk
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shall serve this order on Gomez at the address provided in the certificate of service:
21 S. Canada St. #B, Santa Barbara, CA 93103.
PETITION FOR REVIEW DENIED.
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