FILED
NOT FOR PUBLICATION AUG 9 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CHAO YUNG ZHOU, No. 10-71288
Petitioner, Agency No. A072-094-149
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 2, 2011 **
Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges.
Chao Yung Zhou, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s decision denying his motion to reopen exclusion proceedings held in
absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
*
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).
discretion the denial of a motion to reopen, He v. Gonzales, 501 F.3d 1128, 1130-
31 (9th Cir. 2007), and we deny the petition for review.
The agency did not abuse its discretion in denying Zhou’s motion to reopen
exclusion proceedings held in absentia where Zhou failed to show reasonable cause
for his failure to appear. See 8 C.F.R. § 1003.23(b)(4)(iii)(B).
The agency did not abuse its discretion in denying Zhou’s motion to reopen
to apply for asylum as untimely because he filed it more than fifteen years after the
entry of his final exclusion order, see 8 C.F.R. § 1003.23(b)(1), and he failed to
demonstrate changed country conditions to qualify for the regulatory exception to
the time limit for filing motions to reopen, see 8 C.F.R. § 1003.23(b)(4)(i); He, 501
F.3d at 1132-33 (change in personal circumstances alone is “not sufficient to
establish changed circumstances in the country of origin within the regulatory
exception”).
Zhou’s remaining contention is unavailing.
PETITION FOR REVIEW DENIED.
2 10-71288