FILED
NOT FOR PUBLICATION DEC 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARLON ANTONIO RODRIGUEZ No. 11-73750
Petitioner, Agency No. A029 129 077
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Marlon Antonio Rodriguez, a native and citizen of Nicaragua, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his motion to reopen
deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
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).
review for abuse of discretion the denial of a motion to reopen. Mohammed v.
Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part
the petition for review.
The BIA did not abuse its discretion in denying Rodriguez’s motion to
reopen as untimely, where he filed the motion over sixteen years after the IJ’s final
order of deportation, see 8 C.F.R. § 1003.2(c)(2), and he failed to establish
materially changed circumstances in Nicaragua in order to qualify for the
regulatory exception, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi v. Holder, 597
F.3d 983, 987-89 (9th Cir. 2010) (evidence of changed conditions must be
qualitatively different than what could have been presented at prior hearing).
We also reject Rodriguez’s contention that the BIA failed to consider the
evidence before it because he has not overcome the presumption that the BIA
reviewed all the relevant evidence. See Fernandez v. Gonzales, 439 F.3d 592, 603
(9th Cir. 2006).
Finally, we lack jurisdiction to review the agency’s decision not to exercise
its sua sponte authority to reopen deportation proceedings. See Meija-Hernandez
v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 11-73750