Kojongian

Kojongian v. Holder

Good Law
542 F. App'x 683
United States Court of Appeals for the Ninth CircuitOctober 21, 2013No. 12-70712California320 words

Opinion

Lead Opinion

MEMORANDUM **

Wira Reagan Kojongian, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reconsider and/or reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider or reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Kojongian’s motion to reconsider as untimely because it was filed more than 30 days after the BIA’s decisions. See 8 C.F.R. § 1003.2 (b)(2).

Further, the BIA did not abuse its discretion in denying the motion, construed as a motion to reopen, as untimely and number-barred because Kojongian filed the second motion over four years after the BIA’s final decision, see 8 C.F.R. § 1003.2 (c)(2), and Kojongian failed to demonstrate changed circumstances in Indonesia to qualify for the regulatory exception to the time and number limitations, see 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi v. Holder, 597 F.3d 983, 988-89 (9th Cir. 2010).

The BIA also considered Kojongian’s claims in light of the court’s…

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