Hang Chen v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUL 30 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HANG CHEN, No. 09-70790
Petitioner, Agency No. A077-353-528
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Hang Chen, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
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 by denying Chen’s motion to reopen as
untimely where the motion was filed more than six years after her final order of
removal, see 8 C.F.R. § 1003.2(c)(2), and Chen failed to demonstrate a material
change in circumstances in China to qualify for the regulatory exception to the
filing deadline, see Najmabadi, 597 F.3d at 991; He v. Gonzales, 501 F.3d 1128,
1132 (9th Cir. 2007) (a change in personal circumstances does not establish
changed circumstances in the country of origin).
PETITION FOR REVIEW DENIED.
2 09-70790