Lian Lim v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Lian Bie Lim and Ryandi Siswojo, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for an abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to reopen as untimely where the motion was filed over five years after the BIA’s final order, see 8 C.F.R. § 1003.2 (c)(2), and petitioners failed to present sufficient evidence of changed circumstances in Indonesia to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(ii); Najmabadi, 597 F.3d at 989 (new evidence in a motion to reopen must be “qualitatively different” from the evidence presented at the prior hearing). In light of our conclusion, we do not reach petitioners’ remaining contention that they established a prima facie case for relief based on their membership in a disfavored group.