Darius Reynald v. Eric Holder, Jr.

MEMORANDUM

Darius Wilfan Reynald, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion, Najmabadi v. Holder, 597 F.3d 983, 987 (9th Cir.2010), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Reynald’s motion to reopen as untimely where it was filed over three years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Reynald failed to establish changed circumstances in Indonesia to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2 (c)(3)(h); Najmabadi, 597 F.3d at 987 (evidence submitted with motion to reopen must be qualitatively different from the evidence presented at the original hearing); He v. Gonzales, 501 F.3d 1128, 1132 (9th Cir.2007) (change in personal circumstances does not establish changed circumstances in country of nationality).

We lack jurisdiction to review Reynald’s contention that intervening case law established changed circumstances, because he failed to exhaust this…