MARIA GARCIA PELAEZ V. ERIC H. HOLDER JR., No. 09-70304 (9th Cir. 2012)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAY 24 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS MARIA LUCIA GARCIA-PELAEZ, Petitioner, No. 09-70304 Agency No. A096-342-373 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Maria Lucia Garcia-Pelaez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals ( BIA ) denial of her second motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. * 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). § 1252. We review for abuse of discretion the denial of a motion to reopen, Lin v. Holder, 588 F.3d 981, 984 (9th Cir. 2009), and we deny the petition for review. The BIA did not abuse its discretion in denying Garcia-Pelaez s motion to reopen as untimely because the motion was filed almost two years after the BIA s final decision, see 8 C.F.R. § 1003.2(c), and Garcia-Pelaez did not establish prima facie eligibility for relief, see Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence must demonstrate prima facie eligibility for relief warranting reopening based on changed country conditions). PETITION FOR REVIEW DENIED. 2 09-70304
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