Opinion
16-70444
10-18-2022
MARTA YOLANDA MOLINA-SOLARES, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A098-176-827
Before: SILVERMAN, GRABER, and BENNETT, Circuit Judges.
MEMORANDUM
Marta Yolanda Molina-Solares, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the 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 Molina-Solares' motion to reopen as untimely, where it was filed over five years after the final removal order, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of the final removal order), and Molina-Solares has not established changed country conditions in Guatemala to qualify for an exception to the filing deadline, see 8 U.S.C. § 1229a(c)(7)(C)(ii); Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (movant must produce material evidence with motion to reopen that conditions in country of nationality had changed).
In light of this disposition, we do not reach Molina-Solares' remaining contentions regarding her eligibility for relief. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts are not required to decide issues unnecessary to the results they reach).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).