Shalimar

MEMORANDUM **

1. The BIA did not abuse its discretion in denying the petitioners’ untimely motion to reopen removal proceedings. The petitioners failed to demonstrate that “circumstances [in Indonesia] have changed sufficiently” such that they now have a legitimate claim for asylum when they previously lacked “a well-founded fear of future persecution” and sufficient cause to excuse the breach of the 90-day filing-deadline. See Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004); 8 U.S.C. § 1229a(c)(7)(C). Although the evidence reflects a subjective belief of future persecution—continuing violence in Indonesia and a deterioration of conditions adverse to the ethnic Chinese, Christians, women, the mentally ill, and political dissidents— our case law requires, and the record here is devoid of, an individualized threat of persecution “distinct from [that] felt by all other ethnic Chinese Christians in Indonesia” that establishes the petitioners’ fear is objectively reasonable. Lolong v. Gonzales, 484 F.3d 1173, 1181 (9th Cir.2007) (en banc). The BIA’s determination therefore was not “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002)…