Saryana Juniwaty v. Loretta E. Lynch

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SARYANA JUNIWATY,
Petitioner,
v.
LORETTA E. LYNCH,
Respondent.
No. 13-71775
A099-403-111
MEMORANDUM*
On Petition for Review from an Order
of the Board of Immigration Appeals
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Saryana Juniwaty, a native and citizen of Indonesia, seeks review of the
Board of Immigration Appeals’ (“BIA”) denial of her motion to reopen removal
proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
DEC 16 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 Ninth Circuit Rule 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 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 in denying Juniwaty’s untimely motion
to reopen where she filed it more than 90 days after the final order of removal, see
8 C.F.R. § 1003.2(c)(2), and failed to establish materially changed circumstances
in Indonesia to qualify for an exception to the time limitations for a motion to
reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 989–90
(evidence must be “qualitatively different” to warrant reopening).
PETITION FOR REVIEW DENIED.
13-71775 2

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