Ferry Liando v. Eric Holder, Jr.

MEMORANDUM

Ferry Liando, a native and citizen of Indonesia, and his wife Chien Hui Yang, a native of Taiwan and citizen of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider and reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider or reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to reconsider as untimely because petitioners filed it more than 30 days after the BIA’s decisions. See 8 C.F.R. § 1003.2 (b)(1).

The BIA also did not abuse its discretion in denying petitioners’ motion to reopen as untimely because petitioners filed it more than ten years after the BIA’s final decision, and they failed to establish materially changed country conditions in Indonesia to overcome the limitations on motions to reopen. See 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (petitioner failed to submit “qualitatively different” evidence).

The BIA also did not abuse its discretion in declining to reopen in light…