Fredy Oswaldo Villanueva- Moran v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FREDY OSWALDO VILLANUEVA-
MORAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71442
Agency No. A077-284-100
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Fredy Oswaldo Villanueva-Moran, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
his second motion to reopen removal proceedings. Our jurisdiction is governed by
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
FILED
DEC 02 2013
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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reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny in part
and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Villanueva-Moran’s second
motion to reopen as untimely and number-barred where the motion was filed over
three years after the agency’s final order, see 8 C.F.R. § 1003.2(c)(2), and
Villanueva-Moran failed to demonstrate changed circumstances in Guatemala 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 Toufighi, 538 F.3d at 996.
We lack jurisdiction to review Villanueva-Moran’s contentions related to
humanitarian asylum and equitable tolling based on ineffective assistance of
counsel regarding his asylum claim because he failed to raise them to the BIA. See
Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). We also lack
jurisdiction to review the BIA’s decision not to reopen under its sua sponte
authority. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
We reject Villanueva-Moran’s contentions that the BIA ignored his change-of-law
arguments and insufficiently explained its reasoning.
Finally, we deny Villanueva-Moran’s request for attorney fees.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
11-71442 2

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