Susan Megawati v. Loretta E. Lynch , 633 F. App'x 492 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUSAN MEGAWATI, No. 14-70774
Petitioner, Agency No. A099-724-240
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Susan Megawati, 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 the denial of a motion to reopen, Najmabadi v. Holder, 597
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Megawati’s motion to
reopen, where she filed it more than two years after the final order of removal, see
8 C.F.R. § 1003.2(c)(2), and she failed to establish materially changed
circumstances in Indonesia to qualify for the regulatory exception to the time
limitations for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also
Najmabadi, 597 F.3d at 988-89 (evidence of changed circumstances must be
qualitatively different from what could have been presented at prior hearing).
PETITION FOR REVIEW DENIED.
2 14-70774