Opinion
No. 11-71930
03-01-2016
FENG LAN LI, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A077-957-627 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Feng Lan Li, a native and citizen of China, 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. Lin v. Holder, 588 F.3d 981, 984 (9th Cir. 2009). We deny the petition for review.
The BIA did not abuse its discretion in denying Li's motion to reopen because it was filed more than five years after her order of removal became final, see 8 C.F.R. § 1003.2(c)(2), and Li failed to present material evidence of changed circumstances in China to qualify for a regulatory exception to the time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Lin, 588 F.3d at 989 (agency's determination that petitioner did not establish material changed country conditions was not "arbitrary, irrational, or contrary to law.").
We do not reach challenges Li raises to the agency's original decision because they were addressed by this court in Li v. Holder, 316 F. App'x 689 (9th Cir. 2009).
The 90-day stay of proceedings granted on September 23, 2015, has expired. Respondent's motion to lift the stay is denied as moot.
PETITION FOR DENIED.