Johanes

Johanes v. Holder

Good Law
540 F. App'x 716
United States Court of Appeals for the Ninth CircuitSeptember 30, 2013No. 11-72990California276 words

Opinion

Lead Opinion

MEMORANDUM **

Fitsgerald Johanes, 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 abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We review de novo claims of due process violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

The BIA did not abuse its discretion in denying Johanes’s untimely motion to reopen where the motion was filed almost six years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Johanes failed to establish changed circumstances in Indonesia material to his claim, see 8 C.F.R. § 1003.2 (c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (requiring circumstances to have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of persecution). We reject Johanes’s contention that the BIA’s decision is insufficient and denies him due process. See Lata v. INS, 204 F.3d 1241, 1246 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.