Opinion
No. 10-72751 Agency No. A095-402-293
04-14-2014
HANAN ALI MOHAMED ALI, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 10, 2014
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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San Francisco, California
Before: SILVERMAN, W. FLETCHER, and BYBEE, Circuit Judges.
Hanan Ali Mohamed Ali, a native and citizen of Eritrea, petitions for review of the Board of Immigration Appeals's ("BIA") decision denying as untimely her motion to reopen. We review the BIA's decision for abuse of discretion. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion by denying Ali's motion to reopen in its entirety because it was filed five years after the BIA's final decision, see 8 C.F.R. § 1003.2(c)(2), and it did not fall within the changed-circumstances exception to the ninety-day time limit on motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii). Ali's evidence did not show that conditions in Eritrea changed materially after her 2003 hearing, so the exception did not apply with respect to any of Ali's claims. See Najmabadi, 597 F.3d at 987-89.
PETITION FOR REVIEW DENIED.