Richard Hutauruk v. Eric Holder, Jr.

Good Law
474 F. App'x 589
United States Court of Appeals for the Ninth CircuitJuly 11, 201209-73989California265 words

Opinion

Opinion

MEMORANDUM

Richard Hutauruk, 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 an abuse of discretion the BIA’s denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.2008). We deny the petition for review.

The BIA did not abuse its discretion in denying Hutauruk’s motion to reopen as untimely where the motion was filed over four years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Hutauruk failed to present sufficient evidence of changed circumstances in Indonesia to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (e)(3)(ii); Najmabadi v. Holder, 597 F.3d 983, 987 (9th Cir.2010) (evidence supporting a motion to reopen must be “qualitatively different” from what was presented at the initial hearing). We reject Hutauruk’s contention that the BIA’s analysis was inadequate. See Najmabadi, 597 F.3d at 990 (“[t]he [BIA] does not have to write an exegesis on every contention”) (internal quotes omitted).

Finally, in light of…

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