Luoman Chen v. Eric Holder, Jr.

MEMORANDUM

Luoman Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. 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. He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir.2007). We deny the petition for review.

The BIA did not abuse its discretion by denying Chen’s motion to reopen as untimely because the motion was filed over thirteen years late, see 8 C.F.R. § 1003.2 (c)(2), and, even accepting Chen’s and his family’s claims as true, he failed to demonstrate a material change in circumstances in China to qualify for the regulatory exception to the time limit for filing a motion to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); see also Lin v. Holder, 588 F.3d 981, 988-89 (9th Cir.2009) (record did not establish change in family planning laws or enforcement of such laws that would establish changed country conditions excusing untimely motion to reopen); He, 501 F.3d at 1132 (change in personal circumstances does not establish changed circumstances in country of origin). Because the BIA considered Chen’s evidence in reaching its…