Thiela Sugiarto v. Eric Holder, Jr.

MEMORANDUM

Thiela Suhendra Sugiarto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 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 the petition for review.

The BIA did not abuse its discretion in denying Sugiarto’s untimely motion to reopen where the motion was filed almost three years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Sugiarto failed to establish changed circumstances in Indonesia material to her claim, see 8 C.F.R. § 1003.2 (c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (requiring circumstances to have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of persecution). We reject Sugiarto’s contention that the BIA failed to consider her evidence.

The BIA also did not abuse its discretion in declining to reopen in light of Tampubolon v. Holder, 610 F.3d 1056 (9th Cir.2010). See Toufighi v. Mukasey, 538 F.3d…