Shuxiong Dong v. Eric H. Holder Jr.

MEMORANDUM

Shu Xiong Dong, a native and citizen of China, petitions pro se 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 BIA’s denial of a motion to reopen. Lin v. Holder, 588 F.3d 981, 984 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Dong’s motion to reopen as untimely because it was filed more than 90 days after the entry of the agency’s final administrative order and Dong failed to show changed circumstances in China in order to qualify for the regulatory exception to the filing deadline. See 8 C.F.R. § 1003.2 (c)(2), (c)(3)(h); Lin, 588 F.3d at 988-89 (record did not show material change in enforcement of family planning laws sufficient to establish changed country conditions and excuse an untimely motion to reopen); He v. Gonzales, 501 F.3d 1128, 1132 (9th Cir.2007) (a change in personal circumstances does not establish changed country conditions).

We decline to address Dong’s contention that he suffered past persecution in China because it was not addressed by…