Ma San San Myint 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NOT FOR PUBLICATION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
MA SAN SAN MYINT,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72748
Agency No. A073-532-037
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.
Ma San San Myint, a native and citizen of Burma, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-72748 2
abuse of discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d
988, 992 (9th Cir. 2008), and we deny the petition for review.
The BIA did not abuse its discretion in denying Myint’s motion to reopen as
untimely where the motion was filed over two years after the BIA’s final decision,
see 8 C.F.R. § 1003.2(c)(2), and Myint failed to establish changed circumstances in
Burma to qualify for the regulatory exception to the time limitation, see 8 C.F.R.
§ 1003.2(c)(3)(ii); see also Toufighi, 538 F.3d at 996-97 (underlying adverse
credibility determination rendered evidence of changed circumstances immaterial).
PETITION FOR REVIEW DENIED.
.

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