Opinion
No. 13-71775
12-16-2015
SARYANA JUNIWATY, Petitioner, v. LORETTA E. LYNCH, Respondent.
NOT FOR PUBLICATION
A099-403-111 MEMORANDUM On Petition for Review from an Order of the Board of Immigration Appeals Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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.