Deo

MEMORANDUM ***

Ashlesh Kumar Deo petitions for review of the Board of Immigration Appeals’ *805 (“BIA”) order denying his second and untimely motion to reopen removal proceedings.

The regulations provide that “a party may file only one motion to reopen” and that the motion “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened.” See 8 C.F.R. § 1003.2 (c)(2). Petitioner’s motion to reopen contended that his motion to reopen was not untimely under the changed country conditions exception of 8 C.F.R. § 1003.2 (c)(3)(ii) and that he had been falsely accused of domestic abuse. However, the changed country conditions exception to the 90-day requirement for submitting motions to reopen is not applicable to petitioner because he failed to submit any evidence regarding a material change in the treatment of Hindu persons. See Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004) (“The critical question is ... whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.”). Additionally,…