Hongxiang Lin v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HONGXIANG LIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70774
Agency No. A095-300-409
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Hongxiang Lin, a native and citizen of China, petitions pro se 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,
FILED
SEP 30 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70774 2
He v. Gonzales, 501 F.3d 1128, 1130-31 (9th Cir. 2007), and we deny the petition
for review.
The BIA did not abuse its discretion in denying Lin’s motion to reopen as
untimely where the motion was filed more than a year after the BIA’s final order,
see 8 C.F.R. § 1003.2(c)(2), and he failed to demonstrate changed circumstances in
China to qualify for the regulatory exception to the time limitation, see 8 C.F.R. §
1003.2(c)(3)(ii); see also He, 501 F.3d at 1132 (the birth of children outside the
country of origin is a change in personal circumstances that is not sufficient to
establish changed circumstances).
PETITION FOR REVIEW DENIED.

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