Angel Cun-Luc v. Eric H. Holder, Jr.

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Kermit E. Bye (UNPUBLISHED) [4370960] [15-1299]

United States Court of Appeals
For the Eighth Circuit
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No. 15-1299
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Angel Alex Cun-Luc
lllllllllllllllllllllPetitioner
v.
Loretta E. Lynch, Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: February 16, 2016
Filed: February 25, 2016
[Unpublished]
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Before LOKEN, MURPHY, and BYE, Circuit Judges.
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PER CURIAM.
Guatemalan citizen Angel Alex Cun-Luc petitions for review of an order of the
Board of Immigration Appeals (BIA) denying his second motion to reopen
proceedings. We find no abuse of discretion in the denial of the motion, see Martinez
v. Lynch, 785 F.3d 1262, 1264-65 (8th Cir. 2015) (reviewing for abuse of discretion
denial of motion to reopen); Averianova v. Holder, 592 F.3d 932, 936 (8th Cir. 2010)

Appellate Case: 15-1299

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Date Filed: 02/25/2016 Entry ID: 4370960

(reviewing BIA’s decision regarding changed country conditions under highly
deferential abuse of discretion standard). The BIA did not err in determining that
Cun-Luc’s second motion to reopen was untimely and number-barred. See 8 U.S.C.
§ 1229a(c)(7)(A), (C)(i) (generally party may file one motion to reopen proceedings;
motion to reopen must be filed within 90 days of date order of removal becomes
administratively final); 8 C.F.R. § 1003.23(b)(1) (same). While there is a changedcountry-conditions exception to the filing deadline and numerical limitation for
motions to reopen, see 8 U.S.C. § 1229a(7)(A), (C)(ii); 8 C.F.R. § 1003.2(c)(3)(i)-(ii),
1003.23(b)(4)(i), we agree with the BIA that Cun-Luc failed to show he qualified for
the exception, see Zhong Qin Zheng v. Mukasey, 523 F.3d 893, 895-96 (8th Cir.
2008) (discussing exception). The petition for review is denied.
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Date Filed: 02/25/2016 Entry ID: 4370960