Opinion
No. 14-71949
08-03-2016
JOSE LUIS VILLELA MIRANDA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A074-824-630 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Jose Luis Villela Miranda, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his 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. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion denying Villela Miranda's motion to reopen as untimely, where it was filed more than sixteen years after the agency's final decision, see 8 C.F.R. § 1003.2(c)(2), and Villela Miranda did not establish changed circumstances in Guatemala to overcome the time limitation for a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-91 (evidence must be "qualitatively different" to warrant reopening).
PETITION FOR REVIEW DENIED.