Curin-Franco, et al v. Holder, No. 08-70813 (9th Cir. 2011)

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FILED JAN 06 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SERGIO ORLANDO CURIN-FRANCO, Petitioner, No. 08-70813 Agency No. A096-345-258 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges. Sergio Orlando Curin-Franco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen. 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). 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 Curin-Franco s motion to reopen as untimely because he filed it more than one year after the BIA s final removal order, see 8 C.F.R. § 1003.2(c)(2), and Curin-Franco failed to demonstrate changed country conditions to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also He, 501 F.3d at 1132 (changed personal circumstances insufficient to support an untimely motion to reopen). Curin-Franco s remaining contentions are unavailing. PETITION FOR REVIEW DENIED. 2 08-70813

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