Ignacio Cedillo Barcenas v. Loretta E. Lynch , 635 F. App'x 392 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 3 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
IGNACIO CEDILLO BARCENAS; No. 14-70174
MARIA DEL CARMEN ESTRADA DE
CEDILLO, Agency Nos. A073-935-612
A073-935-619
Petitioners,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Ignacio Cedillo Barcenas and Maria Del Carmen Estrada De Cedillo, natives
and citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order denying their motion to reopen removal proceedings. We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s
denial of a motion to reopen, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.
2002), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ second motion
to reopen as untimely and number-barred because the motion was filed over four
years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and petitioners
failed to establish materially changed circumstances in Mexico to qualify for the
regulatory exception to the time limitations for motions to reopen, see 8 C.F.R. §
1003.2(c)(3)(ii); Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir.2010) (evidence
lacked materiality because it simply recounted “generalized conditions” in country
that did not show petitioner’s situation was “appreciably different from the dangers
faced by her fellow citizens”). Further, we reject petitioners’ contentions that the
BIA failed to consider arguments or record evidence, see Najmabadi, 597 F.3d at
990-91 (BIA adequately considered evidence and sufficiently announced its
decision).
PETITION FOR REVIEW DENIED.
2 14-70174