Ricky Lumentut v. Eric Holder, Jr.

MEMORANDUM

Ricky Richardo Lumentut, a native and citizen of Indonesia, petitions 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 abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010), and review de novo due process claims, Liu v. Holder, 640 F.3d 918, 930 (9th Cir.2011). We deny the petition for review.

The BIA did not abuse its discretion in denying Lumentut’s motion to reopen as untimely because the motion was filed over two years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Lumentut failed to establish materially changed circumstances in Indonesia to qualify for the regulatory exception to the time limitations for motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (evidence of changed circumstances must be qualitatively different from what could have been presented at prior hearing). Further, the BIA did not abuse its discretion in denying Lumentut’s motion to reopen based on Wakkary v. Holder, 558 F.3d 1049 (9th Cir.2009) and Tampubolon v. Holder,…