Oscar Lima-Nunez v. Merrick Garland

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 21 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
OSCAR LIMA-NUNEZ, AKA Oscar No. 20-72246
Manuel Nunez,
Agency No. A071-609-947
Petitioner,
v. MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
Oscar Lima-Nunez, a native and citizen of El Salvador, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his 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 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).
abuse of discretion the 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 in denying Lima-Nunez’s motion to
reopen as untimely, where it was filed over three years after the order of removal
became final, see 8 C.F.R. § 1003.2(c)(2), and he has not established changed
country conditions in El Salvador to qualify for the regulatory exception to the
filing deadline, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988,
996 (9th Cir. 2008) (requiring movant to produce material evidence with motion to
reopen that conditions in country of nationality had changed); Najmabadi, 597
F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
2 20-72246