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George Johan LONDAH-EVERT; Joy Jerry Londah, Petitioners, v. Loretta E. LYNCH, Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2016-06-05No. No. 14-71249
654 F. App'x 874

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Opinion

majority opinion

MEMORANDUM

George Johan Londah-Evert and Joy Jerry Londah, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion, 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 petitioners’ motion to reopen as untimely, where the motion was filed more than twenty-one months after the BIA’s final decision, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to demonstrate changed circumstances in Indonesia to qualify for an exception to the time limitation for a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(h), Najmabadi, 597 F.3d at 991-92 (BIA did not abuse its discretion where petitioner failed to produce material evidence). We reject petitioners’ argument that the BIA erred in its analysis.

PETITION FOR REVIEW DENIED.

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