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Maria Lucia GARCIA-PELAEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-05-24No. No. 09-70304
473 F. App'x 694

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Opinion

majority opinion

MEMORANDUM

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. § 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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.