Opinion
No. 12-72260 Agency No. A073-967-993
2013-10-01
GUILLERMO GOMEZ-RUIZ, 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NOT FOR PUBLICATION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
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Guillermo Gomez-Ruiz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's denial of his motion to reopen removal proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.
The agency did not abuse its discretion in denying Gomez-Ruiz's motion to reopen for failure to show lack of notice where the record establishes proper service of the Order to Show Cause and the Notice of Hearing. See 8 U.S.C. § 1252b(a)(1), (a)(2)(B) (repealed 1996).
The agency did not abuse its discretion in denying Gomez-Ruiz's motion to reopen as untimely where the motion was filed more than thirteen years after his removal order became final, see 8 C.F.R. § 1003.23(b)(1), and Gomez-Ruiz failed to demonstrate a material change in country conditions in Mexico to qualify for the regulatory exception to the filing deadline, see 8 C.F.R. § 1003.23(b)(4)(i); see also Delgado-Ortiz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010).
PETITION FOR REVIEW DENIED.