Xiuman Wan v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
XIUMAN WAN,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-73549
Agency No. A075-759-065
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Xiuman Wan, a native and citizen of China, petitions 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 the denial of a motion to reopen, Najmabadi v. Holder, 597
* 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
MAY 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-73549
F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Wan’s motion to reopen as
untimely where the motion was filed seven years after the BIA’s final order, see
8 C.F.R § 1003.2(c)(2), and where Wan failed to demonstrate changed country
conditions in China to qualify for the regulatory exception to the time and number
limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also
Najmabadi, 597 F.3d at 987-90 (petitioner failed to show evidence was
“qualitatively different” to warrant reopening).
PETITION FOR REVIEW DENIED.

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