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United States Court of Appeals, Ninth Circuit.

Fermin REYES PEREZ, Petitioner, v. Robert M. WILKINSON, Acting Attorney General, Respondent.

No. 19-71188

Decided: January 27, 2021

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges. Mike Singh Sethi, Esquire, Attorney, Sethi Law Group, Orange, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Jesse David Lorenz, Esquire, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent


Fermin Reyes Perez, a native and citizen of Mexico, petitions 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 BIA's 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 Reyes Perez's motion to reopen as untimely and number barred, where it was filed more than ten years after the order of removal became final and was beyond the numerical limitations, see 8 C.F.R. § 1003.2(c)(2), and where Reyes Perez did not establish changed country conditions in Mexico that are material to his claim for relief, see 8 C.F.R. § 1003.2(c)(3)(ii) (requiring material evidence of changed circumstances to qualify for exception to the time and numerical limitations for motions to reopen); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (movant required to produce material evidence with motion to reopen that conditions in country of nationality had changed).

As stated in the court's July 19, 2019 order, the temporary stay of removal remains in place until issuance of the mandate.


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