FILED
NOT FOR PUBLICATION JUN 18 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DAVID MUNGAI NJENGA, No. 08-74044
Petitioner, Agency No. A091-738-632
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013 **
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
David Mungai Njenga, a native and citizen of Kenya, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen removal proceedings
conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review
*
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).
for abuse of discretion the 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 Njenga’s untimely motion to
reopen because he failed to establish material evidence of changed circumstances
in Kenya. See 8 C.F.R. § 1003.23(b)(4)(i); Najmabadi, 597 F.3d at 990 (a
petitioner’s evidence lacks the required materiality where it simply recounts
generalized conditions that fail to demonstrate “that her predicament is appreciably
different from the dangers faced by her fellow citizens”).
PETITION FOR REVIEW DENIED.
2 08-74044