Kewakebt Lissane-Work Melaku v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Kewakebt Lissane-Work Melaku (“Petitioner”) petitions this court for review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reopen her asylum proceedings as untimely. We have jurisdiction pursuant to 8 U.S.C. § 1252 and deny her petition.

“This court reviews BIA denials of motions to reopen for abuse of discretion.” Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). “The BIA abuses its discretion when it acts ‘arbitrarily, irrationally, or contrary to the law.’ ” Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005) (quoting Lainez-Ortiz v. INS, 96 F.3d 393, 395 (9th Cir.1996)).

“Generally, a party wishing to file a motion to reopen must do so within ninety-days.” Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010) (citing 8 C.F.R. § 1003.2 .(c)(2)). “However, the ninety-day time limit does not apply where the motion to reopen is ‘based on changed circumstances arising in the country of nationality or in the country to which deportation has been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous hearing.’ ” Id. (quoting § 1003.2(c)(3)(ii)). “The BIA can…