U.S. Court of Appeals for the Ninth Circuit, 2013

Jootje Kambey v. Eric Holder, Jr.

Jootje Kambey v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided September 27, 2013 · Rawlinson, Smith, Christen
540 F. App'x 682

Jootje Kambey v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Jootje Johanes Kambey, 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 BIA’s 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 Kambe/s motion to reopen as untimely because the motion was filed over three years after the BIA’s final administrative order, see 8 C.F.R. § 1003.2(c)(2), and Kambey failed to demonstrate changed circumstances in Indonesia to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (evidence of changed circumstances must be qualitatively different from evidence that could have been presented at prior hearing).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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