JOSE VILLELA MIRANDA V. LORETTA E. LYNCH, No. 14-71949 (9th Cir. 2016)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 3 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOSE LUIS VILLELA MIRANDA, Petitioner, No. U.S. COURT OF APPEALS 14-71949 Agency No. A074-824-630 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 26, 2016** Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges. Jose Luis Villela Miranda, a native and citizen of Guatemala, 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 BIA’s denial of a motion to reopen. Najmabadi * 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). v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review. The BIA did not abuse its discretion denying Villela Miranda’s motion to reopen as untimely, where it was filed more than sixteen years after the agency’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Villela Miranda did not establish changed circumstances in Guatemala to overcome the time limitation for a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-91 (evidence must be “qualitatively different” to warrant reopening). PETITION FOR REVIEW DENIED. 2 14-71949

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.