Rakesh Kumar; Ranjila Devi 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NOT FOR PUBLICATION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
RAKESH KUMAR; RANJILA DEVI,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72716
Agency Nos. A078-659-732
A078-659-733
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Rakesh Kumar and his wife, natives and citizens of Fiji, petition for review
of the Board of Immigration Appeals’ (“BIA”) order denying their motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
JUL 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-72716 2
discretion, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny
the petition for review.
The BIA did not abuse its discretion by denying petitioners’ motion to
reopen as untimely where the motion was filed more than 90 days after the BIA’s
final order, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to establish changed
country conditions in Fiji to qualify for the regulatory exception to the time
limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Malty v. Ashcroft, 381 F.3d
942, 945 (9th Cir. 2004) (“The critical question is . . . whether circumstances have
changed sufficiently that a petitioner who previously did not have a legitimate
claim for asylum now has a well-founded fear of future persecution.”).
We reject petitioners’ contention that the BIA failed to consider all relevant
evidence in deciding their motion to reopen. See Larita-Martinez v. INS, 220 F.3d
1092, 1095-96 (9th Cir. 2000) (absent evidence to the contrary, the BIA is
presumed to have considered all the evidence).
PETITION FOR REVIEW DENIED.

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