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Wira Reagan KOJONGIAN, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.
MEMORANDUM **
Wira Reagan Kojongian, 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 BIA's 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 Kojongian's motion to reopen as untimely and number barred, where it was filed more than eleven years after the order of removal became final and was beyond the numerical limitations, see 8 C.F.R. § 1003.2(c)(2), and where Kojongian did not establish changed country conditions in Indonesia that are material to his claim for relief, see 8 C.F.R. § 1003.2(c)(3)(ii) (requiring material evidence of changed circumstances to qualify for exception to the time and numerical limitations for motions to reopen); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening).
We deny Kojongian's motion to take judicial notice (Docket Entry No. 10). See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc) (the court's review is limited to the administrative record).
The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal (Docket Entry No. 1) is otherwise denied.
PETITION FOR REVIEW DENIED.
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Docket No: No. 19-72334
Decided: April 27, 2021
Court: United States Court of Appeals, Ninth Circuit.
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