From Casetext: Smarter Legal Research

Chien Hwa Shen v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 23, 2017
No. 11-72626 (9th Cir. Feb. 23, 2017)

Opinion

No. 11-72626

02-23-2017

CHIEN HWA SHEN, Petitioner, v. JEFF B. SESSIONS, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A072-969-159 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Chien Hwa Shen, a native and citizen of China, petitions pro se 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 an abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Shen's motion as untimely and number-barred where Shen filed his third motion to reopen more than seven years after the final administrative order, see 8 C.F.R. § 1003.2(c)(2), and Shen failed to demonstrate he qualified for a regulatory exception to the time and number limits for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 991 (concluding that evidence submitted with motion to reopen did not establish changed circumstances arising within the country of nationality); cf. Chandra v. Holder, 751 F.3d 1034, 1037 (9th Cir. 2014) (concluding that an alien can satisfy 8 C.F.R. § 1003.2(c)(3)(ii) by presenting "evidence of changed country conditions that are relevant in light of the petitioner's changed circumstances").

PETITION FOR REVIEW DENIED.


Summaries of

Chien Hwa Shen v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 23, 2017
No. 11-72626 (9th Cir. Feb. 23, 2017)
Case details for

Chien Hwa Shen v. Sessions

Case Details

Full title:CHIEN HWA SHEN, Petitioner, v. JEFF B. SESSIONS, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Feb 23, 2017

Citations

No. 11-72626 (9th Cir. Feb. 23, 2017)