JORGE CRUZ-PINEDA V. JEFFERSON SESSIONS, No. 14-72832 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 31 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JORGE ALBERTO CRUZ-PINEDA, AKA Ricardo Molina-Rosales, U.S. COURT OF APPEALS No. 14-72832 Agency No. A070-162-288 Petitioner, MEMORANDUM* v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 23, 2017** Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges. Jorge Alberto Cruz-Pineda, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Najmabadi v. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review. The BIA did not abuse its discretion in denying Cruz-Pineda’s motion to reopen as untimely where the motion was filed more than fifteen years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Cruz-Pineda failed to provide evidence of a material change in circumstances in El Salvador to qualify for a regulatory exception to the time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 991-92 (BIA did not abuse its discretion where petitioner failed to introduce material evidence) PETITION FOR REVIEW DENIED. 2 14-72832

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