Maria Garcia Pelaez v. Eric H. Holder Jr.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 24 2012

MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

MARIA LUCIA GARCIA-PELAEZ, No. 09-70304

Petitioner, Agency No. A096-342-373

v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted May 15, 2012 **

Before: CANBY, GRABER, and M. SMITH, Circuit Judges.

Maria Lucia Garcia-Pelaez, a native and citizen of Mexico, petitions pro se

for review of the Board of Immigration Appeals’ (“BIA”) denial of her second

motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C.

*
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).
§ 1252. We review for abuse of discretion the denial of a motion to reopen, Lin v.

Holder, 588 F.3d 981, 984 (9th Cir. 2009), and we deny the petition for review.

The BIA did not abuse its discretion in denying Garcia-Pelaez’s motion to

reopen as untimely because the motion was filed almost two years after the BIA’s

final decision, see 8 C.F.R. § 1003.2(c), and Garcia-Pelaez did not establish prima

facie eligibility for relief, see Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir.

2008) (evidence must demonstrate prima facie eligibility for relief warranting

reopening based on changed country conditions).

PETITION FOR REVIEW DENIED.

2 09-70304