Susan Megawati v. Loretta E. Lynch

633 F. App'x 492

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 21, 2016
• Docket: 14-70774
• Status: Unpublished

Opinion

MEMORANDUM **

Susan Megawati, , a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying 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), and we deny the petition for review.

The BIA did not abuse its discretion in denying Megawati’s motion to reopen, where she filed it more than two years after the final order of removal, see 8 C.F.R. § 1003.2(c)(2), and she failed to establish materially changed circumstances in Indonesia to qualify for the regulatory exception to the time limitations for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(h); see also Najmabadi 597 F.3d at 988-89 (evidence of changed circumstances must be qualitatively different from what could have been presented at prior hearing).

PETITION FOR REVIEW DENIED.

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