PIRIR CHITAY v. BARR (2020)

MEMORANDUM **

Pablo Edwin Pirir-Chitay, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 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 in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Pirir-Chitay’s motion to reopen as untimely and number-barred where the second motion to reopen was filed more than four years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and where Pirir-Chitay failed to demonstrate a material change in country conditions in Guatemala to qualify for an exception to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 990-91 (BIA did not abuse its discretion where evidence of general country conditions was not material to petitioner’s claim).

To the extent Pirir-Chitay contends that he fears harm on account of his family membership or his mother’s opposition to gangs, we lack jurisdiction to consider these contentions because Pirir-Chitay failed to present them to the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.