This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Julio Cesar Moreno Heredia, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his second motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying Moreno Heredia's second motion to reopen as numerically barred, see 8 C.F.R. § 1003.2(c)(2), where Moreno Heredia failed to present sufficient evidence of changed circumstances in Peru to qualify him for the regulatory exception to the numerical bar for filing motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii).
This court lacks jurisdiction to review the BIA's denial of Moreno Heredia's first motion to reopen because the petition for review is not timely as to that order. See Andia v. Asheroft, 359 F.3d 1181, 1183 n. 3 (9th Cir. 2004) (per curiam).
PETITION FOR REVIEW DENIED.
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