Norita Hilwani 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NOT FOR PUBLICATION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
NORITA HILWANI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73410
Agency No. A096-345-837
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013**
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Norita Hilwani, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
JUN 13 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-73410 2
abuse of discretion the BIA’s denial of a motion to reopen, 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 in denying Hilwani’s motion to reopen
as untimely because the motion was filed over three years after the BIA’s final
decision, see 8 C.F.R. § 1003.2(c)(2), and Hilwani failed to establish materially
changed circumstances in Indonesia to qualify for the regulatory exception to the
time limitations for motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi,
597 F.3d at 988-89 (evidence of changed circumstances must be qualitatively
different from what could have been presented at prior hearing).
PETITION FOR REVIEW DENIED.

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