HUA MO V. ERIC HOLDER, JR., No. 11-73903 (9th Cir. 2014)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 03 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HUA QING MO, No. 11-73903 Petitioner, Agency No. A098-453-010 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 17, 2013** Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. Hua Qing Mo, a native and citizen of China, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s decision denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review * 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). for abuse of discretion the BIA s 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 by denying Mo s untimely motion to reopen where the motion was filed more than two years after the IJ s final order, see 8 C.F.R. § 1003.23(b)(4)(ii), and Mo failed to demonstrate inadequate notice of the hearing, which was delivered to the address he provided in his asylum application, see 8 C.F.R. § 1003.23(b)(4)(iii)(A); Singh-Bhathal v. INS, 170 F.3d 943, 946 (9th Cir. 1999) (alien who receives written notice of hearing has 180 days from date of in-absentia deportation order to file a motion to reopen; untimely motions are absolutely barred ). Further, Mo failed to demonstrate due diligence as required for equitable tolling of the filing deadline. See Avagyan v. Holder, 646 F.3d 672, 679-80 (9th Cir. 2011). In addition, Mo failed to establish materially changed country conditions in China warranting reopening. See 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2007) (setting forth the requirements for demonstrating changed country conditions in support of a motion to reopen); Najmabadi, 597 F.3d at 991 (self-induced changes in personal circumstances are not sufficient to demonstrate changed country conditions). 2 11-73903 We reject Mo s contention that the entry of an in absentia order violated due process. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process challenge). Finally, our review is limited to the administrative record and thus we do not consider materials referenced in petitioner s opening brief that were not part of the record before the agency. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc). PETITION FOR REVIEW DENIED. 3 11-73903
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