Victor Ruelas Preciado v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION JAN 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VICTOR MANUEL RUELAS No. 08-72034
PRECIADO,
Agency No. A096-063-484
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted January 11, 2010
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Victor Manuel Ruelas Preciado, a native and citizen of Mexico, petitions pro
se for review of the decision of the Board of Immigration Appeals denying his
*
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).
jlf/Inventory
motion to reopen the underlying denial of his application for cancellation of
removal, and alleging changed country conditions and seeking relief under the
Convention Against Torture (“CAT”).
We conclude that the BIA did not abuse its discretion in denying the motion
to reopen because petitioner’s motion was untimely filed and failed to meet an
exception to the time limits on motions to reopen. See 8 C.F.R. § 1003.2(c)(2).
Petitioner’s claim for protection under CAT failed to present changed country
conditions in Mexico that are material to petitioner or his circumstances, and
therefore petitioner failed to meet his burden of presenting a prima facie CAT
claim to support reopening. See 8 C.F.R. § 1003.2(c)(3)(ii); Kamalthas v. INS, 251
F.3d 1279, 1283 (9th Cir. 2001). In addition, the BIA did not err in concluding
that petitioner’s failure to voluntarily depart within the departure period rendered
him ineligible for cancellation relief for a period of ten years. See Barroso v.
Gonzales, 429 F.3d 1195, 1202 (9th Cir. 2005)
PETITION FOR REVIEW DENIED.
jlf/Inventory 2 08-72034