U.S. Court of Appeals for the Ninth Circuit, 2014

Leonard Manegeng v. Eric Holder, Jr.

Leonard Manegeng v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided January 24, 2014 · Canby, Silverman, Paez
553 F. App'x 707

Leonard Manegeng v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Leonard Manegeng, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 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). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Manegeng’s motion to reopen as untimely because the motion was filed more than four years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Ma-negeng did not demonstrate materially changed conditions 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)(h); Najmabadi, 597 F.3d at 987 (evidence must be “qualitatively different” from the evidence presented at the previous hearing). We reject Mane-geng’s contention that the BIA failed to adequately consider the evidence presented with the motion to reopen. See Najmabadi, 597 F.3d at 990-91.

We lack jurisdiction to review the BIA’s discretionary decision not to reopen removal proceedings sua sponte. See Mej *708 ia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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

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