GARCIA GONZALEZ v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Gretel Noemi GARCIA-GONZALEZ, aka Gretel Gonzalez-Villatoro; Hugo Villatoro-Garcia, Petitioners, v. William P. BARR, Attorney General, Respondent.

No. 19-70830

Decided: November 26, 2019

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges. Areg Kazaryan, Law Offices of Areg Kazaryan, Glendale, CA, for Petitioners Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Mona Maria Yousif, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Gretel Noemi Garcia-Gonzalez and Hugo Villatoro-Garcia, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. 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 petitioners’ untimely motion to reopen where petitioners failed to demonstrate changed country conditions in Guatemala 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 990-91 (evidence must be “qualitatively different” to warrant reopening).

PETITION FOR REVIEW DENIED.