JORGE ALBERTO CRUZ-PINEDA, AKA Ricardo Molina-Rosales v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE ALBERTO CRUZ-PINEDA, AKA
Ricardo Molina-Rosales,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 14-72832
Agency No. A070-162-288
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Jorge Alberto Cruz-Pineda, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review for abuse of discretion the denial of a motion to reopen. Najmabadi v.
* 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 31 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-72832
Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Cruz-Pineda’s motion to
reopen as untimely where the motion was filed more than fifteen years after the
BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Cruz-Pineda failed to
provide evidence of a material change in circumstances in El Salvador to qualify
for a regulatory exception to the time limitation for filing a motion to reopen, see 8
C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 991-92 (BIA did not
abuse its discretion where petitioner failed to introduce material evidence)
PETITION FOR REVIEW DENIED.

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