Jovita Cervantez-Sanchez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOVITA CERVANTEZ-SANCHEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-71928
Agency No. A090-538-113
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Jovita Cervantez-Sanchez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen deportation proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
FILED
APR 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 2 --

review for abuse of discretion the denial of a motion to reopen, Mohammed v.
Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petition for review.
The BIA did not abuse its discretion in denying Cervantez-Sanchez’s motion
as untimely, where it was filed 18 years after the order of deportation became final,
and she has not established that any statutory or regulatory exception applies. See
8 C.F.R. § 1003.2(c)(2) (a motion to reopen an order of deportation must be filed
within 90 days after the date on which the final administrative decision was
rendered in the proceeding sought to be reopened, or on or before September 30,
1996, whichever is later); 8 C.F.R. § 1003.2(c)(3) (setting forth exceptions to the
filing deadline for motions to reopen); 8 C.F.R. § 243.1 (1995) (an order of
deportation becomes final upon dismissal of an appeal by the BIA).
In light of our disposition, we do not reach Cervantez-Sanchez’s remaining
contentions.
PETITION FOR REVIEW DENIED.
13-71928 2

-- 2 of 2 --