Julio Moreno Heredia v. Eric Holder, Jr., No. 09-72427 (9th Cir. 2011)

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FILED MAR 21 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JULIO CESAR MORENO-HEREDIA, Petitioner, No. 09-72427 Agency No. A079-543-611 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Julio Cesar Moreno-Heredia, a native and citizen of Peru, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order denying his third 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. * 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). He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007). We deny the petition for review. The BIA did not abuse its discretion in denying Moreno-Heredia s third motion to reopen as untimely and numerically barred where the motion was filed nearly five years after the BIA s final administrative order, see 8 C.F.R. § 1003.2(c)(2), and Moreno Heredia failed to establish changed circumstances in Peru to qualify for the regulatory exception to the time and numerical bar for filing motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) ( The critical question is . . . whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution. ). PETITION FOR REVIEW DENIED. 2 09-72427

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