Siegfried Wagiu v. Eric Holder, Jr.

MEMORANDUM

Vonny Mieke Supit and Pierson Figuhr Sangari, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their 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, 986 (9th Cir.2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ 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 petitioners 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)(ü); Najmabadi, 597 F.3d at 987 (evidence submitted with motion to reopen must be qualitatively different from the evidence presented at the original hearing); see also Azanor v. Ashcroft, 364 F.3d 1013, 1022 (9th Cir.2004) (regulatory exception to time limitation does not extend to alleged changes in United States asylum law).

In light of our decision in Supit v. Mukasey, 302 Fed.Appx. 613 (9th Cir.2008), the BIA did not abuse its discretion in denying…