FILED
NOT FOR PUBLICATION AUG 16 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
USHA LATA; YASUYUKI SUZUKI, No. 08-74602
Petitioners, Agency Nos. A072-167-961
A072-167-962
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Usha Lata, a native and citizen of Fiji, and her husband, Yasuyuki Suzuki, a
native and citizen of Japan, petition for review of the Board of Immigration
Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir.
2008), and we deny the petition for review.
The BIA did not abuse its discretion in denying petitioners’ motion to
reopen as untimely where the motion was filed over three years after the BIA’s
final decision, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to present
sufficient evidence of changed circumstances in Fiji to qualify for an exception to
the time limit, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi, 538 F.3d at
996-97.
We reject petitioners’ contention that the BIA did not adequately examine
their evidence because they have not overcome the presumption that the BIA
reviewed the record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.
2006).
PETITION FOR REVIEW DENIED.
2 08-74602