Shizeng Zhu v. Eric H. Holder Jr., No. 08-74163 (9th Cir. 2011)

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FILED JAN 25 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SHIZENG ZHU, No. 08-74163 Petitioner, Agency No. A079-524-119 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Shizeng Zhu, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, * 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). Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), we deny the petition for review. The BIA did not abuse its discretion in denying Zhu s motion to reopen as untimely and number-barred where the successive motion was filed more than four years after the BIA s January 26, 2004, final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Zhu failed to establish changed circumstances in China to qualify for the regulatory exception to the time and number filing limitations, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (evidence must demonstrate prima facie eligibility for relief sought in order to reopen proceedings based on changed country conditions). PETITION FOR REVIEW DENIED. 2 08-74163

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