Konstantin Buldakov v. Eric Holder, Jr.

MEMORANDUM

Konstantin Buldakov, a native and citizen of Russia, 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. Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005). Buldakov’s petition is denied on the ground that Buldakov has failed to establish changed circumstances that would exempt his motion from the applicable time limitation.

The parties are familiar with the facts, as set forth in the BIA’s decision, so we need not review them here. Section 240(c)(7)(C)(i) of the Immigration and Nationality Act (“Act”), 8 U.S.C. .§ 1229a(c)(7)(C)(i), requires that motions to reopen be filed within 90 days of the final administrative order of removal. Buldakov filed his motion to reopen outside the 90-day window.

Along with his motion to reopen, Buldakov filed an asylum application seeking an exemption from the 90-day limitation. 8 U.S.C. § 1229a(c)(7)(C)(ii) specifies that there is no time limit for asylum-seekers moving to reopen if the asylum-seeker can show “changed country conditions” through…