Lian Bie Lim; Ryandi Siswojo 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
KAD/Research 07-71234
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIAN BIE LIM; RYANDI SISWOJO,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71234
Agency Nos. A098-131-042
A098-131-043
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Lian Bie Lim and her husband Ryandi Siswojo, natives and citizens of
Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order
denying Lim’s motion for reconsideration. We have jurisdiction pursuant to 8
FILED
NOV 30 2009
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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KAD/Research 07-71234 2
U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to
reconsider. See Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir. 2004). We
deny the petition for review.
The BIA did not abuse its discretion in denying Lim’s motion reconsider as
untimely because it was filed almost eighteen months after the BIA’s prior order.
See 8 U.S.C. § 1229a(c)(6) (a motion to reconsider must be filed within 30 days
after the agency’s prior decision). Lim’s contention that she did not receive proper
mailing of the BIA’s briefing schedule is unavailing because Lim did not utilize
the proper change of address forms, and the certified mail receipts alone do not
indicate that a change of address was mailed to the BIA. See Lee v. INS, 685 F.2d
343, 344 (9th Cir. 1982) (per curiam) (notification to the Immigration and
Naturalization Service (“INS”) did not constitute notification of an address change
to the BIA because BIA is a quasi-judicial body separate and independent of the
INS).
PETITION FOR REVIEW DENIED.

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