Olvyke Langie v. Eric Holder, Jr.

Good Law
594 F. App'x 374
United States Court of Appeals for the Ninth CircuitFebruary 25, 201513-71283California230 words

Opinion

Opinion

MEMORANDUM

OIvyke Chanette Langie, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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, and we review for substantial evidence the BIA’s factual findings. Najmabadi v. Holder, 597 F.3d 983 , 986 (9th Cir.2010). We review the BIA’s findings of fact for substantial evidence. Id. We deny the petition for review.

The BIA did not abuse its discretion in denying Langie’s motion to reopen as untimely because the motion was filed over four years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Langie failed to establish changed circumstances in Indonesia to qualify for an exception to the time limitations for a motion to reopen, see 8 C.F.R. 1003.2(c)(3)(ii).

Finally, we reject Langie’s contention that the BIA’s bases for denial were unclear, or that it applied an incorrect legal standard, and/or inadequately reviewed the evidence. See Najmabadi, 597 F.3d at 990-91 (BIA adequately considered evidence and sufficiently announced its decision). Thus, we…

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