215 F. App'x 661

Lilia Yolanda Mendoza VALDEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-74492.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 21, 2006 *.

Filed Dec. 27, 2006.

Lilia Yolanda Mendoza Valdez, Baldwin Park, CA, pro se.

CAC-District Counsel, Esq., Office of the District Counsel Department of Home-

*662land Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Oil, David V. Bernal, Attorney, Barry J. Pettinato, Esq., DOJ — U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: GOODWIN, WALLACE and LEAVY, Circuit Judges.

MEMORANDUM **

Lilia Yolanda Mendoza Valdez, a native and citizen of Mexico, petitions pro se 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 abuse of discretion, see Itumbarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying the motion to reopen as untimely, because Valdez did not file the motion within 90 days of the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and did not demonstrate a material change in circumstances in Mexico, see 8 C.F.R. § 1003.2(c)(3)(ii).

Valdez’s reliance on Khourassany v. INS 208 F.3d 1096, 1099 & n. 2 (9th Cir.2000) is misplaced. In that case, the 90-day time limit for motions to reopen did not apply because petitioner had been ordered deported before March 22, 1999. See 8 C.F.R. § 1208.18(b)(2).

PETITION FOR REVIEW DENIED.

Valdez v. Gonzales
215 F. App'x 661

Case Details

Name
Valdez v. Gonzales
Decision Date
Dec 27, 2006
Citations

215 F. App'x 661

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United States

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