Opinion
No. 18-71805
06-14-2019
CHARLEY ZACHARIA, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A075-683-010 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Charley Zacharia, 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 Zacharia's third motion to reopen as untimely and numerically barred where he filed the motion fifteen years after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and he failed to establish materially changed country conditions in Indonesia to qualify for an exception to the time and number limitations for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 990-91 (evidence must be "qualitatively different" to warrant reopening); Go v. Holder, 744 F.3d 604, 609 (9th Cir. 2014) (holding "that the procedural requirements specified in 8 C.F.R. § 1003.2(c) apply to CAT claims). The record does not support Zacharia's contentions that the BIA failed to consider his evidence or otherwise erred in analyzing his claims. See Najmabadi, 597 F.3d at 990-91 (the BIA adequately considered evidence and sufficiently announced its decision).
See Zacharia v. Lynch, 658 F.App'x. 318 (9th Cir. 2016).
PETITION FOR REVIEW DENIED.