ADELAIDE NZEUSSEU V. ERIC HOLDER, JR., No. 09-71325 (9th Cir. 2012)

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FILED MAR 02 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ADELAIDE NZEUSSEU, Petitioner, No. 09-71325 Agency No. A095-414-778 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Adelaide Nzeusseu, a native and citizen of Cameroon, petition for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen removal proceedings. 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, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition for review. The BIA did not abuse its discretion in denying Nzeusseu s motion to reopen as untimely where the motion was filed over three years after the BIA s final decision, see 8 C.F.R. § 1003.2(c)(2), and Nzeusseu failed to present evidence of changed circumstances in Cameroon to qualify for an exception to the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996-97 (underlying adverse credibility determination rendered evidence of changed circumstances immaterial). PETITION FOR REVIEW DENIED. 2 09-71325

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