Li

MEMORANDUM

Petitioner Ming Li (“Li”), a native and citizen of the People’s Republic 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.

Li bears the burden of showing “changed country conditions arising in” his native China in order to prevail on his motion to reopen, because he did not file his motion within ninety days of the original removal order. 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). This burden has not been met. The BIA explicitly addressed all documentary evidence submitted by Li, 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, 986 (9th Cir.2009).

Moreover, the BIA ruled correctly when it held that Li could not evade the ninety-day deadline of §…