NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 29 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
BEATRIZ ELENA ESPINEL, a.k.a. No. 09-71329
Edwing Flores-Gonzalez,
Agency No. A096-163-123
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 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Beatriz Elena Espinel, a native and citizen of Venezuela, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.
2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying Espinel’s motion to reopen
as untimely where it was filed more than 90 days after the BIA’s final removal
order, see 8 C.F.R. § 1003.2(c)(2), and Espinel failed to establish changed
circumstances in Venezuela to qualify for the regulatory exception to the time
limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d
988, 996 (9th Cir. 2008) (requiring movant to produce material evidence with
motion to reopen that conditions in country of nationality had changed).
Counsel’s motion to withdraw is granted. The docket shall be amended to
reflect that Espinel is proceeding pro se.
PETITION FOR REVIEW DENIED.
2 09-71329