Judy Kustanto v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Judy Tjahjadi Kustanto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Kustanto’s motion to reopen as untimely where it was filed almost five years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Kustanto did not demonstrate 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 987 (new evidence must be qualitatively different from the evidence presented at the prior proceeding to be material).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Judy Tjahjadi KUSTANTO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished