Hai Le Huang v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HAI LE HUANG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72796
Agency No. A078-539-172
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Hai Le Huang, a native and citizen of China, 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
JAN 23 2014
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).
12-72796

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abuse of discretion the denial of a motion to reopen, He v. Gonzales, 501 F.3d
1128, 1130-31 (9th Cir. 2007), and we deny the petition for review.
The BIA did not abuse its discretion in denying Huang’s second untimely
motion to reopen because it considered the record evidence and exercised its broad
discretion in determining Huang failed to establish materially changed country
conditions in China to qualify for the regulatory exception to the time and number
limits for motions to reopen, see 8 C.F.R. §§ 1003.2(c)(1), (c)(3)(ii); see also
Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (setting forth the
requirements for demonstrating changed country conditions in support of a motion
to reopen).
PETITION FOR REVIEW DENIED.
12-72796 2

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