Ricardo Ayala-Negrete v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 14 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RICARDO AYALA-NEGRETE, No. 20-70335 Petitioner, Agency No. A074-813-367 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 12, 2021** Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges. Ricardo Ayala-Negrete, 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 abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 * 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). F.3d 785, 791 (9th Cir. 2005). We deny the petition for review. The BIA did not abuse its discretion in denying Ayala-Negrete’s fourth motion to reopen as untimely and number barred, where the motion was filed more than 9 years after the final order of removal, and where Ayala-Negrete failed to establish a material change in country conditions in Mexico to qualify for the regulatory exception to the time and numerical limitations for filing a motion to reopen. See 8 C.F.R. § 1003.2(c)(2), (3)(ii); Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir. 2010) (BIA did not abuse its discretion in denying motion to reopen where petitioner failed to submit material evidence of qualitatively different country conditions). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 20-70335 20-70335 Court of Appeals for the Ninth Circuit ca9 9th Cir. Ricardo Ayala-Negrete v. Merrick Garland 14 October 2021 Agency Unpublished 2378650e90f8fd06e48383d3f9a9648109c0ad24

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