Eleazar Porcayo-Garcia v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELEAZAR PORCAYO-GARCIA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-1830
Agency No.
A078-001-738
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 12, 2023**
Before: WALLACE, LEE, and BUMATAY, Circuit Judges.
Eleazar Porcayo-Garcia, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
* 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
DEC 19 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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abuse of discretion the 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 in denying Porcayo-Garcia’s motion to
reopen as untimely, where it was filed five months after the order of removal
became final, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed
within ninety days of the final removal order), and where Porcayo-Garcia has not
established changed country conditions in Mexico to qualify for an exception to
the filing deadline, see 8 U.S.C. § 1229a(c)(7)(C)(ii); Toufighi v. Mukasey, 538
F.3d 988, 996-97 (9th Cir. 2008) (movant must produce material evidence that
conditions in country of nationality had changed).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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