Li Song v. Loretta E. Lynch

MEMORANDUM

Li Jun Song, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s 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 in denying Song’s motion to reopen where the motion was filed more than two years after the BIA’s final administrative order, see 8 C.F.R. § 1003.2 (c)(2), and Song failed to establish materially changed circumstances arising in China to qualify for the regulatory exception to the time limitation for motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(h); He v. Gonzales, 501 F.3d 1128, 1132-33 (9th Cir.2007) (documentation insufficient to establish changed circumstances); see also Najmabadi, 597 F.3d at 987 (requiring that evidence of changed country conditions “be ‘qualitatively different’ from the evidence presented at the previous hearing”) (citation omitted).

Further, in light of our decision in Song v. Holder, No. 08-73864,…