History
  • No items yet
midpage
Oscar Valencia v. Jefferson Sessions
682 F. App'x 571
| 9th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.

Oscar Roberto Valencia, a native and citizen of El Salvador, 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 abuse of discretion the BIA’s denial of a motion to reopen, Najmabadi *2 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 Valencia’s second motion to reopen as untimely and number-barred where he filed it over three years after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and where he failed to establish materially changed country conditions in El Salvador to qualify for the regulatory exception to the time and number limitations, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi , 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening).

PETITION FOR REVIEW DENIED .

2 14-73400

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Oscar Valencia v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Mar 16, 2017
Citation: 682 F. App'x 571
Docket Number: 14-73400
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.