Opinion
No. 12-71173 Agency No. A079-537-503
04-07-2014
CATHERINE KANDOU, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Catherine Kandou, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA's 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 Kandou's untimely motion to reopen because she did not establish changed circumstances in Indonesia to qualify for the regulatory exception to the time limit. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (petitioner's evidence was not "qualitatively different" because it described conditions similar to those in evidence at her prior proceedings). In light of this conclusion, we do not reach Kandou's arguments regarding prima facie eligibility for relief.
PETITION FOR REVIEW DENIED.