FILED
NOT FOR PUBLICATION APR 11 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
YIMEI WENG, No. 07-73852
Petitioner, Agency No. A072-783-600
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted April 5, 2011
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Yimei Weng, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal
proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to reopen, Lin v. Holder, 588 F.3d 981, 984
*
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).
(9th Cir. 2009), and we deny the petition for review.
The BIA did not abuse its discretion by denying Weng’s second motion to
reopen as untimely and numerically barred, where the motion was filed nearly
eleven years after the immigration judge’s December 6, 1996, order denying her
first motion to reopen, see 8 C.F.R. § 1003.2(c)(2), and Weng failed to show
changed circumstances in China in order to qualify for the regulatory exception to
the filing deadline, see 8 C.F.R. § 1003.2(c)(3)(ii); Lin, 588 F.3d at 988-89 (record
did not show material change in enforcement of family planning laws sufficient to
establish changed country conditions and excuse an untimely motion to reopen).
Weng’s contention that on December 13, 1994, she was improperly ordered
removed in absentia is belied by the record.
PETITION FOR REVIEW DENIED.
2 07-73852