Bambang Sugiharto v. Jefferson Sessions ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BAMBANG SUGIHARTO, No. 14-70920
Petitioner, Agency No. A096-361-933
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Bambang Sugiharto, a native and citizen of Indonesia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
983, 986 (9th Cir. 2010), and we deny the petition for review.
The BIA did not abuse its discretion in denying Sugiharto’s motion to
reopen because he filed it more than five years after the BIA’s final order, see 8
C.F.R. § 1003.2(c)(2), and the motion failed to establish materially changed
country conditions in Indonesia to qualify for the regulatory exception to the
limitations imposed on filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii),
see Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence was
immaterial in light of prior adverse credibility determination).
PETITION FOR REVIEW DENIED.
2 14-70920