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Perez v. Wilkinson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 27, 2021
No. 19-71188 (9th Cir. Jan. 27, 2021)

Opinion

No. 19-71188

01-27-2021

FERMIN REYES PEREZ, Petitioner, v. ROBERT M. WILKINSON, Acting Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A096-364-554 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Fermin Reyes Perez, a native and citizen of Mexico, 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 in denying Reyes Perez's motion to reopen as untimely and number barred, where it was filed more than ten years after the order of removal became final and was beyond the numerical limitations, see 8 C.F.R. § 1003.2(c)(2), and where Reyes Perez did not establish changed country conditions in Mexico that are material to his claim for relief, see 8 C.F.R. § 1003.2(c)(3)(ii) (requiring material evidence of changed circumstances to qualify for exception to the time and numerical limitations for motions to reopen); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (movant required to produce material evidence with motion to reopen that conditions in country of nationality had changed).

As stated in the court's July 19, 2019 order, the temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.


Summaries of

Perez v. Wilkinson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 27, 2021
No. 19-71188 (9th Cir. Jan. 27, 2021)
Case details for

Perez v. Wilkinson

Case Details

Full title:FERMIN REYES PEREZ, Petitioner, v. ROBERT M. WILKINSON, Acting Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 27, 2021

Citations

No. 19-71188 (9th Cir. Jan. 27, 2021)