Ruben Basa Ching v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUBEN BASA CHING,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72612
Agency No. A098-248-346
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Ruben Basa Ching, a native and citizen of the Philippines, 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
FILED
DEC 14 2015
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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discretion the denial of the motion to reopen. Toufighi v. Mukasey, 538 F.3d 988,
992 (9th Cir. 2008). We deny the petition for review.
Though the BIA was mistaken when it found that Ching did not file an
asylum application with his motion to reopen, the BIA did not abuse its discretion
in denying Ching’s motion where it separately found the motion untimely, see 8
C.F.R. § 1003.2(c)(2), and found Ching failed to present material evidence of
changed circumstances in the Philippines to qualify for a regulatory exception to
the time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii);
see also Toufighi, 538 F.3d at 996 (stating the hurdles a petitioner must clear in
order to prevail on a motion to reopen based on changed country conditions). We
reject Ching’s contention that the time limitation on motions to reopen does not
apply to his motion.
We do not reach any challenges Ching raises to the agency’s underlying
credibility finding because they were addressed by this court in Ching v. Holder,
No. 08-73007, 514 Fed. Appx. 678 (9th Cir. March 12, 2013).
PETITION FOR REVIEW DENIED.
13-72612 2

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