Qi Chen v. Eric Holder, Jr.

MEMORANDUM

Qi Y. Chen, a native and citizen of China, 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 dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Chen’s contentions regarding a pattern or practice of persecution of Christians in China, or the potential impact of his prior problems with the government in China on his well-founded fear, because he failed to raise these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to review claims not raised to the agency).

The BIA did not abuse its discretion in denying Chen’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 the BIA reasonably determined Chen failed to establish changed circumstances in China to qualify for an exception to the time limitations for a motion to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h); see also…