Sergio Orlando Curin-Franco v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERGIO ORLANDO CURIN-FRANCO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70813
Agency No. A096-345-258
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Sergio Orlando Curin-Franco, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
JAN 06 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-70813 2
abuse of discretion the denial of a motion to reopen, He v. Gonzales, 501 F.3d
1128, 1130-31 (9th Cir. 2007), and we deny the petition for review.
The BIA did not abuse its discretion in denying Curin-Franco’s motion to
reopen as untimely because he filed it more than one year after the BIA’s final
removal order, see 8 C.F.R. § 1003.2(c)(2), and Curin-Franco failed to demonstrate
changed country conditions to qualify for the regulatory exception to the time limit
for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also He, 501 F.3d
at 1132 (changed personal circumstances insufficient to support an untimely
motion to reopen).
Curin-Franco’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --