Gideon Sihotang v. Eric Holder, Jr.

MEMORANDUM

Gideon Sahat Perwira Sihotang, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 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). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Sihotang’s second motion to reopen as untimely and number-barred, where Sihotang filed the motion six years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and failed to establish materially changed circumstances in Indonesia to qualify for the regulatory exception to the time and number limitations, see id. § 1003.2(c)(3)(h); Najmabadi, 597 F.3d at 987-89 (evidence of changed circumstances must be qualitatively different from what could have been presented at prior hearing).

We lack jurisdiction to consider the BIA’s discretionary decision not to reopen proceedings sua sponte pursuant to 8 C.F.R. § 1003.2 (a). See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011); see also Matter of G-D- 22 I. & N.…