Ponhuata

Petitioner, Jiazhong Dong, a.k.a. Tay Ponhuata (“Dong”), a native and citizen of China, petitions for review of an order by the Board of Immigration Appeals (BIA) denying his motion to reopen to file a successive asylum application. We have jurisdiction under 8 U.S.C. § 1252 (a)(1) and we deny the petition.

First, the BIA did not abuse its discretion by rejecting as time barred Dong’s motion, filed more than ninety days after the agency entered a final administrative order, because Dong did not establish a material change in country conditions. See 8 U.S.C. § 1229a(c)(7)(C)(i)-(ii) (requiring that a petitioner show a change in country conditions to avoid the ninety-day time bar); see also Chen v. Mukasey, 524 F.3d 1028, 1030 (9th Cir.2008) (same). The BIA explicitly addressed all documentary evidence submitted by Dong, and was within its discretion in concluding that the evidence was insufficient to establish a material change in enforcement of China’s one-child policy against similarly situated individuals. See Lin v. Holder, 588 F.3d 981, 988-89 (9th Cir.2009).

Second, Dong’s argument that he is entitled to file a free-standing asylum application pursuant to 8 U.S.C. § 1158…