NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FELIPE AYALA-ALVARADO, No. 10-70408
Petitioner, Agency No. A097-863-589
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 17, 2015**
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
Felipe Ayala-Alvarado, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to
reopen removal proceedings. We have jurisdiction under 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. Najmabadi v.
Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Ayala-Alvarado’s untimely
and number-barred motion to reopen, see 8 C.F.R. § 1003.2(c)(2), because he
failed to present material evidence of changed circumstances in Mexico to qualify
for the regulatory exception to the time and number limitations for motions to
reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 990 (a petitioner’s
evidence lacks the required materiality where it simply recounts generalized
conditions that fail to demonstrate “that her predicament is appreciably different
from the dangers faced by her fellow citizens”).
PETITION FOR REVIEW DENIED.
2 10-70408