HAI HUANG V. ERIC HOLDER, JR., No. 12-72796 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 23 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HAI LE HUANG, No. 12-72796 Petitioner, Agency No. A078-539-172 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. Hai Le Huang, a native and citizen of China, petitions 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). 12-72796 abuse of discretion the denial of a motion to reopen, He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007), and we deny the petition for review. The BIA did not abuse its discretion in denying Huang s second untimely motion to reopen because it considered the record evidence and exercised its broad discretion in determining Huang failed to establish materially changed country conditions in China to qualify for the regulatory exception to the time and number limits for motions to reopen, see 8 C.F.R. §§ 1003.2(c)(1), (c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (setting forth the requirements for demonstrating changed country conditions in support of a motion to reopen). PETITION FOR REVIEW DENIED. 2 12-72796

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