Jootje Kambey v. Eric Holder, Jr.

Good Law
540 F. App'x 682
United States Court of Appeals for the Ninth CircuitSeptember 27, 201312-70220California173 words

Opinion

MEMORANDUM

Jootje Johanes Kambey, 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 BIA’s denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Kambe/s motion to reopen as untimely because the motion was filed over three years after the BIA’s final administrative order, see 8 C.F.R. § 1003.2 (c)(2), and Kambey failed to demonstrate changed circumstances in Indonesia to qualify for the regulatory exception to the time limitation, 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 evidence that could have been presented at prior hearing).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.