Robert Simbolon v. Eric Holder, Jr.

MEMORANDUM

Robert Hasiholan Simbolon, 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.

With respect to Simbolon’s claims based on Christianity, the BIA did not abuse its discretion in denying Simbolon’s motion to reopen as untimely where the motion was filed over three years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and Simbolon 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 (c)(3)(ii); see Najmabadi v. Holder; 597 F.3d 983, 987 (9th Cir.2010) (evidence of changed circumstances must be qualitatively different from what was presented at the prior hearing).

With respect to Simbolon’s claims based on the murder of his relatives and his fear of his former employee, the BIA did not abuse its discretion in denying…