Huiayu Chen v. Eric Holder, Jr. , 543 F. App'x 695 ( 2013 )

FILED
NOT FOR PUBLICATION OCT 23 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HUIAYU CHEN, No. 12-72772
Petitioner, Agency No. A077-222-959
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Huiayu Chen, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal
proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252.
We review for abuse of discretion the BIA’s denial of a motion to reopen. He v.
*
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).
Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007). We deny the petition for
review.
The BIA did not abuse its discretion by denying Chen’s motion to reopen on
the grounds that it was number barred, see 8 C.F.R. § 1003.2(c)(2) (generally, “a
party may file only one motion to reopen removal proceedings”), and that she had
failed to demonstrate a material change in circumstances in China to qualify for the
regulatory exception to the numerical bar, see He, 501 F.3d at 1132 (a change in
personal circumstances does not establish changed country conditions).
Finally, because our determination regarding the number bar is dispositive,
we decline to consider Chen’s allegation of lack of notice. See Mendez-Alcaraz v.
Gonzales, 464 F.3d 842, 844 (9th Cir. 2006) (declining to reach nondispositive
challenges to a BIA order).
PETITION FOR REVIEW DENIED.
2 12-72772