Deny Arianto v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DENY ARIANTO,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72787
Agency No. A088-319-723
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Deny Arianto, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review
for abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 22 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-72787
597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Arianto’s motion to reopen
as untimely, where he filed it more than two years after his final order of removal,
see 8 C.F.R. § 1003.2(c)(2), and he failed to establish materially changed
circumstances in Indonesia to overcome the regulatory time limitation for filing a
motion to reopen, see 8 C.F.R. §1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90
(evidence must be “qualitatively different” to warrant reopening).
PETITION FOR REVIEW DENIED.

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