Erwin Leonel Solis v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERWIN LEONEL SOLIS,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 13-70765
Agency No. A070-950-786
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 15, 2017**
Before: CANBY, TROTT, and GRABER, Circuit Judges.
Erwin Leonel Solis, a native and citizen of Guatemala, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion to reopen removal
proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
* 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).
FILED
NOV 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d
983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion when it denied Solis’s untimely motion
to reopen where Solis failed to demonstrate materially changed country conditions
in Guatemala to qualify for an exception to the time limitations for a motion to
reopen, see 8 C.F.R. § 1003.2(c)(3)(ii), Najmabadi, 597 F.3d 983, 991-92 (9th Cir.
2010) (BIA did not abuse its discretion where petitioner failed to introduce
material evidence).
PETITION FOR REVIEW DENIED.

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