AGUS WIDADA V. ERIC HOLDER, JR., No. 12-71162 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 9 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AGUS WIDADA, No. 12-71162 Petitioner, Agency No. A095-634-567 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Agus Widada, 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 * 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). 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 in denying Widada s motion to reopen as untimely because the motion was filed nearly four years after the BIA s final administrative order, see 8 C.F.R. § 1003.2(c)(2), and Widada failed to establish a prima facie case for relief, see Najmabadi, 597 F.3d at 986; Halim v. Holder, 590 F.3d 971, 978 (9th Cir. 2009) ( [E]ven where an applicant has shown membership in a disfavored group, he or she must still present some evidence of individualized risk. ). We reject Widada s contention that the BIA rejected evidence out of hand, or that the BIA otherwise abused its discretion in denying his motion. PETITION FOR REVIEW DENIED. 2 12-71162

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