Vonny Supit v. Eric Holder, Jr.

Good Law
474 F. App'x 700
United States Court of Appeals for the Ninth CircuitJuly 24, 201209-73988California261 words

Opinion

Opinion

MEMORANDUM

Siegfried Wagiu and his family, 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)(ii); 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). We reject petitioners’ contention that the BIA failed to sufficiently explain its decision. See Najmabadi, 597 F.3d at 990 .

In light of our…

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