Guncoro

Guncoro v. Holder

Good Law
540 F. App'x 710
United States Court of Appeals for the Ninth CircuitSeptember 30, 2013No. 12-70595California286 words

Opinion

Lead Opinion

MEMORANDUM **

Serli Guncoro and Aswanto, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for 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 in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying petitioners’ motion to reopen as untimely where the motion was filed eighteen months after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and petitioners 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)(h); Toufighi, 538 F.3d at 996 (to prevail on a motion to reopen based on changed country conditions, applicant must inter alia demonstrate that his evidence establishes prima *711 facie eligibility for relief); Wakkary v. Holder, 558 F.3d 1049, 1065 (9th Cir.2009) (in the asylum context, “some evidence of individualized risk is necessary for the…

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