Darius Wilfan Reynald 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NOT FOR PUBLICATION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
DARIUS WILFAN REYNALD,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71413
Agency No. A079-535-780
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Darius Wilfan Reynald, 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
JUL 09 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71413 2
review for abuse of discretion, Najmabadi v. Holder, 597 F.3d 983, 987 (9th Cir.
2010), and we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Reynald’s motion to reopen
as untimely where it was filed over three years after the BIA’s final order, see
8 C.F.R. § 1003.2(c)(2), and Reynald failed to establish changed circumstances in
Indonesia to qualify for the regulatory exception to the time limitation, see
8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987 (evidence submitted with
motion to reopen must be qualitatively different from the evidence presented at the
original hearing); He v. Gonzales, 501 F.3d 1128, 1132 (9th Cir. 2007) (change in
personal circumstances does not establish changed circumstances in country of
nationality).
We lack jurisdiction to review Reynald’s contention that intervening case
law established changed circumstances, because he failed to exhaust this claim in
his motion to reopen. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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