Aloysius Prayogo v. JEFFERSON B. SESSIONS III, Attorney General

13-71924Court of Appeals for the Ninth CircuitApr 13, 2018

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALOYSIUS PRAYOGO,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 13-71924
Agency No. A079-195-331
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
Aloysius Prayogo, 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 review for
abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597
* 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).
FILED
APR 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 13-71924
F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in denying Prayogo’s second motion to
reopen as untimely and numerically-barred where the motion was filed more than
ten years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and where
Prayogo failed to demonstrate changed country conditions in Indonesia to qualify
for the regulatory exception to the time and number limitations for filing a motion
to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Najmabadi, 597 F.3d at 987-90
(petitioner failed to show evidence was “qualitatively different” to warrant
reopening).
PETITION FOR REVIEW DENIED.

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