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Prayogo v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 13, 2018
No. 13-71924 (9th Cir. Apr. 13, 2018)

Opinion

No. 13-71924

04-13-2018

ALOYSIUS PRAYOGO, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A079-195-331 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Aloysius Prayogo, 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. § 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 Prayogo's second motion to reopen as untimely and numerically-barred where the motion was filed more than ten years after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and where Prayogo failed to demonstrate changed country conditions in Indonesia to qualify for the regulatory exception to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 987-90 (petitioner failed to show evidence was "qualitatively different" to warrant reopening).

PETITION FOR REVIEW DENIED.


Summaries of

Prayogo v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 13, 2018
No. 13-71924 (9th Cir. Apr. 13, 2018)
Case details for

Prayogo v. Sessions

Case Details

Full title:ALOYSIUS PRAYOGO, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 13, 2018

Citations

No. 13-71924 (9th Cir. Apr. 13, 2018)