Nuch Tompunu Ngantung v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NUCH TOMPUNU NGANTUNG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-73764
Agency No. A078-020-285
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Nuch Tompunu Ngantung, 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
FILED
MAR 3 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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review for abuse of discretion the 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 by denying Ngantung’s motion to
reopen as untimely because the motion was filed more than four years after the
BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Ngantung did not demonstrate
materially changed conditions in Indonesia to qualify for the regulatory exception
to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii);
Najmabadi, 597 F.3d at 987 (evidence must be “qualitatively different” from the
evidence presented at the previous hearing). In light of this conclusion, we do not
need to address Ngantung’s remaining contentions.
PETITION FOR REVIEW DENIED.
12-73764 2

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