Hanan Ali Mohamed Ali v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HANAN ALI MOHAMED ALI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72751
Agency No. A095-402-293
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 10, 2014**
San Francisco, California
Before: SILVERMAN, W. FLETCHER, and BYBEE, Circuit Judges.
Hanan Ali Mohamed Ali, a native and citizen of Eritrea, petitions for review
of the Board of Immigration Appeals’s (“BIA”) decision denying as untimely her
motion to reopen. We review the BIA’s decision for abuse of discretion.
FILED
APR 14 2014
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 by denying Ali’s motion to reopen in its
entirety because it was filed five years after the BIA’s final decision, see 8 C.F.R.
§ 1003.2(c)(2), and it did not fall within the changed-circumstances exception to
the ninety-day time limit on motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii).
Ali’s evidence did not show that conditions in Eritrea changed materially after her
2003 hearing, so the exception did not apply with respect to any of Ali’s claims.
See Najmabadi, 597 F.3d at 987–89.
PETITION FOR REVIEW DENIED.
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