Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A098-807-364.
For Andrian Sutheno, Petitioner: David M. Haghighi, Attorney, Law Offices of David M. Haghighi, APC, Los Angeles, CA.
For ERIC H. HOLDER, Jr., Attorney General, Respondent: Jamie M. Dowd, Esquire, Attorney, Oil, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC; Chief Counsel ICE, Office of The Chief Counsel, Department of Homeland Security, San Francisco, CA.
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Andrian Sutheno, 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 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 in denying Sutheno's motion to reopen because it was untimely, see 8 C.F.R. § 1003.2(c)(2), and Sutheno failed to establish materially changed circumstances in Indonesia so as to qualify for the regulatory exception to the time limitations for motions to reopen, see 8 C.F.R. § 1003.2(c)(3); see also Najmabadi, 597 F.3d at 987 (evidence must be " qualitatively different from the evidence presented at the previous hearing" to warrant reopening).
We lack jurisdiction to consider any contention by Sutheno challenging the BIA's rejection of his request for sua sponte reopening. See Minasyan v. Mukasey, 553 F.3d 1224, 1229 (9th Cir. 2009).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.