CARLOS CAP v. LORETTA LYNCH (2016)

MEMORANDUM*

Carlos Cap, a native and citizen of Guatemala, petitions pro se 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 by denying Cap's motion to reopen as untimely, where the motion was filed more than a year after his final administrative order of removal, and Cap failed to demonstrate materially changed country conditions in Guatemala to qualify for the regulatory exception to the filing deadline. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 998-990 (new evidence lacked materiality).

PETITION FOR REVIEW DENIED.