U.S. Court of Appeals for the Ninth Circuit, 2015

Saryana Juniwaty v. Loretta E. Lynch

Saryana Juniwaty v. Loretta E. Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided December 16, 2015 · Wallace, Rawlinson, Ikuta
626 F. App'x 202

Saryana Juniwaty v. Loretta E. Lynch

Opinion

MEMORANDUM **

Saryana Juniwaty, a native and citizen of Indonesia, seeks review of the Board of Immigration Appeals’ (“BIA”) denial of her 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). We deny the petition for review.

The BIA did not abuse its discretion in denying Juniwaty’s untimely motion to reopen where she filed it more than 90 days after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and failed to establish materially changed circumstances in Indonesia to qualify for an exception to the time limitations for a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 989-90 (evidence must be “qualitatively different” to warrant reopening).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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