Carlos Cap v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS CAP,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 15-70584
Agency No. A095-790-261
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Carlos Cap, a native and citizen of Guatemala, petitions pro se for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
JUN 23 2016
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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abuse of discretion the denial of a motion to reopen. 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 Cap’s motion to reopen as
untimely, where the motion was filed more than a year after his final administrative
order of removal, and Cap failed to demonstrate materially changed country
conditions in Guatemala to qualify for the regulatory exception to the filing
deadline. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 998-990 (new
evidence lacked materiality).
PETITION FOR REVIEW DENIED.
15-70584 2

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