Deny Arianto v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Deny Arianto v. Loretta E. Lynch, 667 F. App'x 231 (9th Cir. 2016)

Deny Arianto v. Loretta E. Lynch

Opinion

MEMORANDUM **

Deny Arianto, 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. § 1262. 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 Arianto’s motion to reopen as untimely, where he filed it more than two years after his final order of removal, see 8 C.F.R. § 1003.2(c)(2), and he failed to establish materially changed circumstances in Indonesia to overcome the regulatory time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (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.

Reference

Full Case Name
Deny ARIANTO, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished