Mudiaga Urie v. Loretta E. Lynch ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 2 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MUDIAGA OBIJURU URIE, AKA Troy No. 14-71039
Urie, AKA Troy Mudiaga Urie, AKA
Mydiaga Urig, Agency No. A098-409-078
Petitioner,
MEMORANDUM*
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Mudiaga Obijuru Urie, a native and citizen of Nigeria, petitions pro se 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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
discretion the BIA’s 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 Urie’s motion to reopen as
untimely and number-barred where the motion was filed over six years after the
BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Urie failed to demonstrate
material changed circumstances in Nigeria to qualify for a regulatory exception to
the time and number limitations for filing a motion to reopen, see 8 C.F.R. §
1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 991-92 (evidence must be “qualitatively
different” to warrant reopening). We reject Urie’s contentions that the BIA failed
to adequately review the evidence and improperly considered the 2005 country
report. See Najmabadi, 597 F.3d at 990-91 (BIA adequately considered evidence
and sufficiently announced its decision).
We grant respondent’s motion for leave to file a late opposition to Urie’s
motion for judicial notice (Docket Entry No. 29). We deny Urie’s opposed
motion for judicial notice (Docket Entry No. 27). See Fisher v. INS, 79 F.3d 955,
963 (9th Cir. 1996) (en banc); cf. Gafoor v. INS, 231 F.3d 645, 655-56 (9th Cir.
2000) (the court may take judicial notice of dramatic events and will remand to the
2 14-71039
agency for consideration).
PETITION FOR REVIEW DENIED.
3 14-71039