Tra Bi Jean v. LORETTA E. LYNCH, Attorney General

13-71333Court of Appeals for the Ninth Circuit25 de nov. de 2015

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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TRA BI JEAN,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-71333
Agency No. A098-520-376
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Tra Bi Jean, a native and citizen of the Ivory Coast, 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 BIA’s denial of a motion to reopen. Najmabadi v. Holder,
FILED
NOV 25 2015
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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597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Jean’s untimely motion to
reopen because he did not establish materially changed circumstances in the Ivory
Coast to overcome the time limitation for motions to reopen. See 8 C.F.R.
§ 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (evidence must be “qualitatively
different” to warrant reopening); see also Toufighi v. Mukasey, 538 F.3d 988, 996-
97 (9th Cir. 2008) (evidence was not material in light of prior adverse credibility
determination).
PETITION FOR REVIEW DENIED.
13-71333 2

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