FILED
NOT FOR PUBLICATION SEP 30 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HONGXIANG LIN, No. 08-70774
Petitioner, Agency No. A095-300-409
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Hongxiang Lin, a native and citizen of China, petitions pro se for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion,
*
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).
He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007), and we deny the petition
for review.
The BIA did not abuse its discretion in denying Lin’s motion to reopen as
untimely where the motion was filed more than a year after the BIA’s final order,
see 8 C.F.R. § 1003.2(c)(2), and he failed to demonstrate changed circumstances in
China to qualify for the regulatory exception to the time limitation, see 8 C.F.R. §
1003.2(c)(3)(ii); see also He, 501 F.3d at 1132 (the birth of children outside the
country of origin is a change in personal circumstances that is not sufficient to
establish changed circumstances).
PETITION FOR REVIEW DENIED.
2 08-70774