Catherine Kandou v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CATHERINE KANDOU,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-71173
Agency No. A079-537-503
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Catherine Kandou, 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 abuse of discretion the
FILED
APR 11 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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BIA’s 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 Kandou’s untimely motion
to reopen because she did not establish changed circumstances in Indonesia to
qualify for the regulatory exception to the time limit. See 8 C.F.R.
§ 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 988-89 (petitioner’s evidence was not
“qualitatively different” because it described conditions similar to those in
evidence at her prior proceedings). In light of this conclusion, we do not reach
Kandou’s arguments regarding prima facie eligibility for relief.
PETITION FOR REVIEW DENIED.
12-71173 2

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