Salvador Perez-Guzman v. Loretta E. Lynch

FILED NOT FOR PUBLICATION JAN 27 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SALVADOR PEREZ-GUZMAN, No. 14-72439 Petitioner, Agency No. A047-721-744 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 20, 2016** Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges. Salvador Perez-Guzman, a native and citizen of Mexico, 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 * 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). abuse of discretion the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review. The BIA did not abuse its discretion in denying Perez-Guzman’s motion to reopen as untimely where it was filed more than two years after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and he failed to show a change in country conditions in Mexico sufficiently material to him in order to warrant reopening, see 8 C.F.R. § 1003.2(c)(3)(ii), Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2007) (setting forth the requirements for prevailing on a motion to reopen due to changed country conditions). PETITION FOR REVIEW DENIED. 2 14-72439