SELAMET v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Indratati SELAMET, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-70077

Decided: February 26, 2019

Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

Albert C. Lum, Sr., Esquire, Attorney, Law Office of Albert C. Lum, Pasadena, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Jane Tracey Schaffner, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Indratati Selamet, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review 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 Selamet’s untimely motion to reopen where Selamet failed to establish materially changed country conditions in Indonesia to qualify for the regulatory exception to the filing deadline. See 8 C.F.R. § 1003.2(c)(2)-(3); Najmabadi, 597 F.3d at 986 (“The BIA can deny a motion to reopen [for] ․ failure to introduce previously unavailable, material evidence ․” (citation omitted) ).

We deny Selamet’s request for judicial notice (Docket Entry No. 12).

PETITION FOR REVIEW DENIED.

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