FILED
NOT FOR PUBLICATION FEB 14 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DELIA MARITZA PEREZ-FAJARDO, No. 11-70487
Petitioner, Agency No. A070-639-786
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013 **
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Delia Maritza Perez-Fajardo, a native and citizen of Guatemala, petitions pro
se for review of the Board of Immigration Appeals (“BIA”) order denying her
motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen,
*
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).
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition
for review.
The BIA did not abuse its discretion in denying Perez-Fajardo’s motion to
reopen as untimely because Perez-Fajardo failed to present material evidence of
changed circumstances in Guatemala to qualify for the regulatory exception to the
time limit for filing a motion to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii);
Najmabadi, 597 F.3d at 990 (previously unavailable evidence must be material to
the petitioner’s claim).
PETITION FOR REVIEW DENIED.
2 11-70487