Siregar

MEMORANDUM *

Tauchid Siregar, a native and citizen of Indonesia, petitions for review of a deci *652 sion of the Board of Immigration Appeals (“BIA”) denying his motion to reopen removal proceedings to apply for asylum and cancellation of removal. The BIA concluded that the motion was untimely filed and did not fall within the timeliness exception for changed circumstances. We deny the petition for review.

We review for abuse of discretion the BIA’s denial of Siregar’s motion to reopen. See Franco-Rosendo v. Gonzales, 454 F.3d 965, 966 (9th Cir.2006). Such motions may be denied when an alien either does not meet the regulatory requirements for reopening or fails to make out a prima facia case for the relief sought. INS v. Abudu 485 U.S. 94, 104-105 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988).

It is uncontested that Siregar filed his motion to reopen past the applicable 90-day deadline. That fact is fatal to Sire-gar’s attempt to reopen for further consideration of his claim for cancellation of removal. See 8 C.F.R. § 1003.2 (c)(2).

With regard to his application for asylum and withholding of removal, Sire-gar contends that the BIA erred in failing to excuse his untimeliness under…