Ricardo Ayala-Negrete v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICARDO AYALA-NEGRETE,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-70335
Agency No. A074-813-367
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
Ricardo Ayala-Negrete, a native and citizen of Mexico, petitions 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
abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 14 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 20-70335
F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.
The BIA did not abuse its discretion in denying Ayala-Negrete’s fourth
motion to reopen as untimely and number barred, where the motion was filed more
than 9 years after the final order of removal, and where Ayala-Negrete failed to
establish a material change in country conditions in Mexico to qualify for the
regulatory exception to the time and numerical limitations for filing a motion to
reopen. See 8 C.F.R. § 1003.2(c)(2), (3)(ii); Najmabadi v. Holder, 597 F.3d 983,
990-91 (9th Cir. 2010) (BIA did not abuse its discretion in denying motion to
reopen where petitioner failed to submit material evidence of qualitatively different
country conditions).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --