FILED
NOT FOR PUBLICATION MAR 02 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SISCA MANEMBU, No. 09-73409
Petitioner, Agency No. A079-195-229
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Sisca Manembu, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We
have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion the
denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.
*
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).
2010), and we deny the petition for review.
The BIA did not abuse its discretion by denying Manembu’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 Manembu 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); Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) (“The
critical question is . . . whether circumstances have changed sufficiently that a
petitioner who previously did not have a legitimate claim for asylum now has a
well-founded fear of future persecution.”).
PETITION FOR REVIEW DENIED.
2 09-73409