FILED
NOT FOR PUBLICATION OCT 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DRIAWAN LUKMAN, No. 12-70624
Petitioner, Agency No. A095-634-616
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Driawan Lukman, 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
*
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).
abuse of discretion the BIA’s denial of a motion to reopen. See 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 Lukman’s motion to reopen
as untimely where the motion was filed over four years after the BIA’s final order,
see 8 C.F.R. § 1003.2(c)(2), and Lukman failed to present sufficient evidence of
changed circumstances in Indonesia to qualify for the regulatory exception to the
time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi,
597 F.3d at 989. We reject Lukman’s contentions that the BIA failed to explain its
decision adequately and failed to consider evidence. See Najmabadi, 597 F.3d at
990 (“[t]he [BIA] does not have to write an exegesis on every contention.”)
(internal quotes omitted).
In light of our prior decision in Lukman v. Holder, No. 07-74179 (9th Cir.
Aug. 23, 2010), the BIA also did not abuse its discretion in denying the motion to
reopen to consider our decisions in Wakkary v. Holder, 558 F.3d 1049 (9th Cir.
2009), and Tampubolon v. Holder, 610 F.3d 1056 (9th Cir. 2010).
PETITION FOR REVIEW DENIED.
2 12-70624