Fatimah
Fatimah v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Fatimah and Junisan Hajato Simatupan, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion for reconsideration. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for an abuse of discretion, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion by denying petitioners’ motion to reconsider as untimely because it was filed more than 30 days after the BIA’s final removal order. See 8 U.S.C. § 1229a(c)(6)(B); 8 C.F.R. § 1003.2 (b)(2). We lack jurisdiction to consider any contention that the BIA abused its discretion by failing to exercise its sua sponte authority to reconsider their case. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011). We also lack jurisdiction to consider petitioners’ claim that changed circumstances arising in Indonesia should excuse their motion from the time limitations for motions to reopen or reconsider because they failed to raise that claim to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).