Hassan Bye Jagne v. U.S. Attorney General, No. 09-12384 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 09-12384 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT APRIL 13, 2010 JOHN LEY CLERK Agency No. A075-380-561 HASSAN BYE JAGNE, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals _________________________ (April 13, 2010) Before WILSON, PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Hassan Bye Jagne petitions this Court for review of the decision of the Board of Immigration Appeals that affirmed the denial of his motion to reopen his removal proceedings. 8 U.S.C. § 1229a(c)(7). Jagne concedes that his motion is untimely, but Jagne argues that he is entitled to relief based on his marriage to a citizen of the United States. Jagne s change in personal circumstances does not fall within an exception to the 90-day deadline. See id. § 1229a(c)(7)(C). The Board did not abuse its discretion by dismissing Jagne s appeal. See Jiang v. U.S. Att y Gen., 568 F.3d 1252, 1256 (11th Cir. 2009). We deny Jagne s petition. PETITION DENIED. 2

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