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Miranda-Sanchez v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jul 7, 2015
609 F. App'x 467 (9th Cir. 2015)

Opinion

No. 13-70833

07-07-2015

JUAN MIRANDA-SANCHEZ, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A098-383-065 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Juan Miranda-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen. 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 v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Miranda-Sanchez's motion to reopen as untimely because it was filed more than one year after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and Miranda-Sanchez did not establish materially changed circumstances in Mexico to qualify for the regulatory exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence did not establish materially changed country conditions since petitioner's prior hearing). In light of this conclusion, we do not reach Miranda-Sanchez's remaining contentions.

PETITION FOR REVIEW DENIED.


Summaries of

Miranda-Sanchez v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jul 7, 2015
609 F. App'x 467 (9th Cir. 2015)
Case details for

Miranda-Sanchez v. Lynch

Case Details

Full title:JUAN MIRANDA-SANCHEZ, Petitioner, v. LORETTA E. LYNCH, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jul 7, 2015

Citations

609 F. App'x 467 (9th Cir. 2015)