Opinion
No. 16-73549
05-21-2018
XIUMAN WAN, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A075-759-065 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Xiuman Wan, a native and citizen of China, petitions 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 denial of a motion to reopen, 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 Wan's motion to reopen as untimely where the motion was filed seven years after the BIA's final order, see 8 C.F.R § 1003.2(c)(2), and where Wan failed to demonstrate changed country conditions in China to qualify for the regulatory exception to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 987-90 (petitioner failed to show evidence was "qualitatively different" to warrant reopening).
PETITION FOR REVIEW DENIED.