The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order refusing to reopen removal proceedings. The court found the motion to reopen was untimely and failed to demonstrate changed country conditions.
Gervasio Pascual Cristobal, a native and citizen of Guatemala, filed a pro se petition for review of the Board of Immigration Appeals order denying his motion to reopen removal proceedings. The motion was filed over one year after the final removal order.
The court’s reasoning
The court reviewed the denial for abuse of discretion. It found the motion to reopen was untimely because it was filed over one year after the final removal order, contrary to the requirement that such motions be filed within ninety days. The petitioner did not show changed country conditions in Guatemala to qualify for an exception to the filing deadline.
What it means going forward
The petition for review is denied, and the motion to stay removal is denied as moot.
