NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 21 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
KEVIN GATHERU MBUGUA, No. 10-72084
Petitioner, Agency No. A078-664-601
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2014**
San Francisco, California
Before: NOONAN, FERNANDEZ, and IKUTA, Circuit Judges.
Kevin Gatheru Mbugua, a native and citizen of Kenya, petitions for review
of the Board of Immigration Appeals’ (BIA) denial of his motion to reopen. We
have jurisdiction under 8 U.S.C. § 1252(a), and deny the petition for review.
*
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).
The BIA correctly determined that Mbugua did not meet his burden of
submitting evidence showing that country conditions in Kenya had changed in a
way that would establish Mbugua’s prima facie eligibility for relief from removal.
As the BIA stated, the record lacks any evidence supporting Mbugua’s claim that
his father was killed for political reasons. The BIA’s determination that tribal
violence in Kenya involving the Kikuyu tribe had ended at the time Mbugua filed
his motion is also supported by substantial evidence. Because Mbugua failed to
show changed country conditions, his motion to reopen did not qualify for an
exception from the ninety-day filing deadline. See 8 U.S.C. § 1229a(c)(7)(C)(i)–
(ii); 8 C.F.R. § 1003.2(c)(2)–(3). Accordingly, the BIA did not err in denying
Mbugua’s motion to reopen as untimely.
PETITION DENIED.
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