Anthony Onyeagoro v. Eric Holder, Jr. ( 2012 )

FILED
NOT FOR PUBLICATION NOV 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANTHONY INFEANYI ONYEAGORO, No. 10-72238
Petitioner, Agency No. A071-812-093
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Anthony Infeanyi Onyeagoro, a native and citizen of Nigeria, 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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
review for abuse of discretion the denial of a motion to reopen, Najmabadi v.
Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Onyeagoro’s motion to
reopen as untimely where the motion was filed over four years after the BIA’s final
order, see 8 C.F.R. § 1003.2(c)(2), and Onyeagoro failed to establish changed
circumstances in Nigeria to qualify for the regulatory exception to the time limit
for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d
at 988-89 (evidence of changed circumstances must be qualitatively different from
what could have been presented at prior hearing); He v. Gonzales, 501 F.3d 1128,
1132 (9th Cir. 2007) (a change in personal circumstances does not establish
changed country conditions).
PETITION FOR REVIEW DENIED.
2 10-72238