MORALES JASSO v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Salvador MORALES-JASSO, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 19-70816

Decided: November 26, 2019

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges. Guadalupe T. Garcia, Attorney, Law Offices of Guadalupe T. Garcia, West Covina, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Kurt Barrett Larson, Senior Litigation Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Salvador Morales-Jasso, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion. 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 Morales-Jasso’s untimely motion to reopen where Morales-Jasso failed to demonstrate changed country conditions in Mexico to qualify for the regulatory exception to the time limitation. See 8 C.F.R. § 1003.2(c)(2)-(3); see also Najmabadi, 597 F.3d at 987-90 (new evidence lacked materiality).

Morales-Jasso’s opposed motion for stay of removal is denied as moot.

PETITION FOR REVIEW DENIED.