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

Ana Alvarado v. Eric Holder, Jr.

Ana Alvarado v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 13, 2013 · Hawkins, McKeown, Berzon
523 F. App'x 458

Ana Alvarado v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Norita Hilwani, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her 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 Hilwani’s motion to reopen as untimely because the motion was filed over three years after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and Hilwani failed to establish materially changed circumstances in Indonesia to qualify for the regulatory exception to the time limitations for motions to reopen, 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 what 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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