TRIANANTO BUDIONO v. LORETTA LYNCH (2016)

MEMORANDUM*

Triananto Budiono, 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 Budiono's motion to reopen as untimely where the motion was filed more than six years after the BIA's final order, see 8 C.F.R. § 1003.2(c)(2), and Budiono failed to provide sufficient evidence of materially changed country conditions in Indonesia to qualify for a regulatory exception to the time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008) (the BIA may deny a motion to reopen for failure to establish materially changed country conditions).

We reject Budiono's contention that the BIA failed to consider arguments or record evidence, or otherwise erred in analyzing his claim. See Najmabadi, 597 F.3d at 990-91 (the court “defer[s] to the BIA's exercise of discretion unless it acted arbitrarily, irrationally, or contrary to law”).

PETITION FOR REVIEW DENIED.