OSCAR LIMA-NUNEZ, AKA Oscar Manuel Nunez v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OSCAR LIMA-NUNEZ, AKA Oscar
Manuel Nunez,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-72246
Agency No. A071-609-947
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
Oscar Lima-Nunez, a native and citizen of El Salvador, 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
OCT 21 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-72246
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 Lima-Nunez’s motion to
reopen as untimely, where it was filed over three years after the order of removal
became final, see 8 C.F.R. § 1003.2(c)(2), and he has not established changed
country conditions in El Salvador to qualify for the regulatory exception to the
filing deadline, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi v. Mukasey, 538 F.3d 988,
996 (9th Cir. 2008) (requiring movant to produce material evidence with motion to
reopen that conditions in country of nationality had changed); Najmabadi, 597
F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.

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