Chamnong Chitcharuek v. Loretta E. Lynch

MEMORANDUM

Chamnong Chitcharuek petitions for review of the Board of Immigration Appeals’s (BIA) denial of his motion to reopen proceedings for the purpose of reapplying for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 .

The BIA did not abuse its discretion by ignoring internet news articles that Chitcharuek failed to attach to his motion because BIA regulations require that a motion to reopen “be accompanied by ... all supporting documentation.” 8 C.F.R. § 1008.2 (c)(1).

Substantial evidence in the record supports the BIA’s conclusions (1) that the political situation in Thailand has resulted in only sporadic and generalized unrest and (2) that Thailand’s political situation has not resulted in a material change in the treatment of homosexuals. There is no evidence in the record concerning Chitcha-ruek’s involvement with either competing political faction. Because Chitcharuek failed to establish a material change in country conditions that would qualify him for the exception to the 90-day deadline for filing a motion to reopen, see 8 U.S.C. § 1229a(c)(7)(C)(i), the BIA did not err in denying Chitcharuek’s motion to reopen as untimely. See 8…