RAMON RICARDO v. BARR (2019)

MEMORANDUM **

Jose Pablo Ramon-Ricardo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for an 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 Ramon-Ricardo’s untimely motion to reopen where Ramon-Ricardo failed to establish materially changed country conditions to qualify for an exception to the time limitation for filing a motion to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (petitioner failed to show evidence was “qualitatively different” to warrant reopening).

We reject Ramon-Ricardo’s contention that the BIA failed to address relief under the Convention Against Torture.

PETITION FOR REVIEW DENIED.