Melvin Estuardo Moraga Alvarez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MELVIN ESTUARDO MORAGA
ALVAREZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-70097
Agency No. A074-807-615
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Melvin Estuardo Moraga Alvarez, a native and citizen of Guatemala,
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 abuse of discretion the BIA’s denial of a motion to reopen.
FILED
MAY 21 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).

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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 Moraga Alvarez’s motion to
reopen as untimely because it was filed more than eight years after the BIA’s final
order, see 8 C.F.R. § 1003.2(c)(2), and Moraga Alvarez failed to establish
materially changed circumstances in Guatemala to qualify for the regulatory
exception to the time limitations for motions to reopen, see 8 C.F.R.
§ 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 990 (evidence must be material to
warrant reopening). The record does not support Moraga Alvarez’s contentions
that the BIA ignored his background evidence and applied an improper burden of
proof, and we reject Moraga Alvarez’s contentions that the BIA failed to address
his arguments adequately on appeal.
PETITION FOR REVIEW DENIED.
13-70097 2

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