FILED
NOT FOR PUBLICATION OCT 3 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WU ZHANG, No. 13-70957
Petitioner, Agency No. A096-188-823
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Wu Zhang, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying his 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. Najmabadi v. Holder, 597 F.3d 983,
*
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).
986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Zhang’s motion to reopen
because it was untimely and number-barred, see 8 C.F.R. § 1003.2(c)(2), and
Zhang failed to demonstrate that he qualified for the exception to the time and
numerical limitations for filing motions to reopen based on materially changed
circumstances arising in China, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597
F.3d at 987 (evidence must be “qualitatively different” from the evidence presented
at the previous hearing). Zhang’s contention that the BIA did not make a careful
and individualized determination, and his contention that the BIA did not carefully
consider the background materials he submitted are not supported by the record.
PETITION FOR REVIEW DENIED.
2 13-70957