Zhengbin He 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NOT FOR PUBLICATION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
ZHENGBIN HE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70675
Agency No. A096-342-847
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Zhengbin He, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider
and to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
review for abuse of discretion the denial of motions to reopen and reconsider,
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70675 2
Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we deny the petition
for review.
The BIA did not abuse its discretion in denying He’s motion as untimely
because He filed it more than a year after the BIA’s order dismissing the
underlying appeal, see 8 C.F.R. §§1003.2(b)(2) & (c)(2), and the motion failed to
demonstrate changed country conditions in China to qualify for the regulatory
exception to the filing deadline, see id. § 1003.2(c)(3)(ii).
PETITION FOR REVIEW DENIED.

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