REYNALDO JIMENEZ-MORATAYA V. LORETTA E. LYNCH, No. 13-70664 (9th Cir. 2016)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUN 24 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT REYNALDO ENRIQUE JIMENEZMORATAYA, No. 13-70664 Agency No. A094-933-002 Petitioner, MEMORANDUM* v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 24, 2016** Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges. Reynaldo Enrique Jimenez-Morataya, a native and citizen of El Salvador, petitions pro se 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 abuse of discretion the BIA’s denial of a motion to * 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). reopen. Lin v. Holder, 588 F.3d 981, 984 (9th Cir. 2009). We deny the petition for review. The BIA did not abuse its discretion in denying Jimenez-Morataya’s motion to reopen as untimely, where the motion was filed more than a year after the BIA’s final order, and Jimenez-Morataya failed to present sufficient evidence of changed circumstances in El Salvador to qualify for the regulatory exception to the filing deadline. See 8 C.F.R. § 1003.2(c)(2), (c)(3)(ii); Lin, 588 F.3d at 989 (BIA’s determination that petitioner did not establish material changed country conditions was not “arbitrary, irrational, or contrary to law”). To the extent Jimenez-Morataya contends he established eligibility for relief, we do not reach this contention in light of our disposition. PETITION FOR REVIEW DENIED. 2 13-70664

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.