Opinion
No. 10-72830 Agency No. A097-364-379
08-20-2013
OLUSEGUN OLUWOLE OSHILAJA, 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NOT FOR PUBLICATION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: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Olusegun Oluwole Oshilaja, a native and citizen of Nigeria, 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 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 Oshilaja's motion to reopen as untimely where Oshilaja filed the motion more than two years after the BIA's final order of removal, see 8 C.F.R. § 1003.2(c)(2), and failed to show materially changed country conditions in Nigeria that would excuse the late filing, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (requiring circumstances to "have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution").
PETITION FOR REVIEW DENIED.