Erwin Mambo v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION APR 26 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ERWIN MAMBO, No. 09-70502 Petitioner, Agency No. A093-321-535 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Erwin Mambo, a native and citizen of Indonesia, petitions 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 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. 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 Mambo’s untimely motion to reopen because Mambo failed to establish changed circumstances in Indonesia to qualify for the regulatory exception to the time limitation. See 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 989-90. PETITION FOR REVIEW DENIED. 09-70502