Case: 14-60026 Document: 00512886904 Page: 1 Date Filed: 12/31/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-60026
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 31, 2014
SAMUEL NYANSASERIA,
Lyle W. Cayce
Clerk
Petitioner
v.
ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A094 075 454
Before JOLLY, BARKSDALE, and OWEN, Circuit Judges.
PER CURIAM: *
Samuel Nyansaseria, a native and citizen of Kenya, petitions for review
of the 12 December 2013 decision of the Board of Immigration Appeals
dismissing his appeal of the immigration judge’s 9 November 2011 denial of
his motion to reopen his removal proceedings (he was granted voluntary
departure in March 2010). The denial of a motion to reopen is reviewed under
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.
R. 47.5.4.
Case: 14-60026 Document: 00512886904 Page: 2 Date Filed: 12/31/2014
No. 14-60026
“a highly deferential abuse-of-discretion standard”. Gomez-Palacios v. Holder,
560 F.3d 354, 358 (5th Cir. 2009) (citation omitted).
Nyansaseria failed to move to reopen his removal proceedings within 90
days of the BIA’s final order of removal, as required by 8 C.F.R. § 1003.23(b)(1).
His challenge necessarily relies on the exceptions to the filing deadline, 8
C.F.R. § 1003.23(b)(4), but he fails, for example, to claim the conditions in
Kenya have changed or that the voluntary-departure order was entered in
absentia. His summary assertion of “change of circumstances” fails. Because
he provides no other bases supporting an exception, the BIA did not abuse its
discretion in dismissing his appeal.
DENIED.
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