WU ZHANG V. ERIC HOLDER, JR., No. 13-70957 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 3 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WU ZHANG, No. 13-70957 Petitioner, Agency No. A096-188-823 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 23, 2014** Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges. Wu Zhang, a native and citizen of China, 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 abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, * 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). 986 (9th Cir. 2010). We deny the petition for review. The BIA did not abuse its discretion in denying Zhang s motion to reopen because it was untimely and number-barred, see 8 C.F.R. § 1003.2(c)(2), and Zhang failed to demonstrate that he qualified for the exception to the time and numerical limitations for filing motions to reopen based on materially changed circumstances arising in China, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987 (evidence must be qualitatively different from the evidence presented at the previous hearing). Zhang s contention that the BIA did not make a careful and individualized determination, and his contention that the BIA did not carefully consider the background materials he submitted are not supported by the record. PETITION FOR REVIEW DENIED. 2 13-70957

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