Josue Estrada Calvillo 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NOT FOR PUBLICATION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
JOSUE ESTRADA CALVILLO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71746
Agency No. A029-567-302
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Josue Estrada Calvillo, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of
discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d
FILED
JUN 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-71746 2
983, 986 (9th Cir. 2010). We dismiss in part and deny in part the petition for
review.
We lack jurisdiction to review Calvillo’s challenges to the original agency
proceedings in 1995 because this petition is not timely as to those proceedings.
See Ma v. Ashcroft, 361 F.3d 553, 557 n.6 (9th Cir. 2004).
The BIA did not abuse its discretion in denying Calvillo’s untimely motion
to reopen because he did not establish changed circumstances in Guatemala to
qualify for the regulatory exception to the time limit. See 8 C.F.R.
§ 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

-- 2 of 2 --