Delia Maritza Perez-Fajardo 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NOT FOR PUBLICATION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
DELIA MARITZA PEREZ-FAJARDO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70487
Agency No. A070-639-786
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013**
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Delia Maritza Perez-Fajardo, a native and citizen of Guatemala, petitions pro
se 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 abuse of discretion the BIA’s denial of a motion to reopen,
FILED
FEB 14 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-70487 2
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition
for review.
The BIA did not abuse its discretion in denying Perez-Fajardo’s motion to
reopen as untimely because Perez-Fajardo failed to present material evidence of
changed circumstances in Guatemala to qualify for the regulatory exception to the
time limit for filing a motion to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii);
Najmabadi, 597 F.3d at 990 (previously unavailable evidence must be material to
the petitioner’s claim).
PETITION FOR REVIEW DENIED.

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