Nuch Ngantung v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Nuch Ngantung v. Eric Holder, Jr., 559 F. App'x 633 (9th Cir. 2014)

Nuch Ngantung v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Nuch Tompunu Ngantung, 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). We deny the petition for review.

The BIA did not abuse its discretion by denying Ngantung’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 Ngantung 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)(ii); Najmabadi, 597 F.3d at 987 (evidence must be “qualitatively different” from the evidence presented at the previous hearing). In light of this conclusion, we do not need to address Ngantung’s remaining contentions.

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
Nuch Tompunu NGANTUNG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished