Norma Gladiz Kenny 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NOT FOR PUBLICATION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
NORMA GLADIZ KENNY,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73962
Agency No. A096-145-151
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Norma Gladiz Kenny, a native and citizen of Guatemala, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
denial of a motion to reopen, and review de novo questions of law. Mohammed v.
FILED
SEP 27 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-73962 2
Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.
The BIA used the correct legal standard and did not abuse its discretion in
denying Kenny’s motion to reopen as untimely where Kenny filed her motion six
years after her order of removal became final, and she failed to demonstrate
extraordinary circumstances to waive the one-year filing deadline. See 8 U.S.C.
§ 1229a(c)(7)(C)(iv)(III).
In light of our disposition, we need not reach Kenny’s remaining contention.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --