MAX DE FRETES V. JEFFERSON SESSIONS, No. 14-70710 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUN 1 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MAX EVERHARDUS DE FRETES, Petitioner, No. U.S. COURT OF APPEALS 14-70710 Agency No. A096-338-575 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 24, 2017** Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges. Max Everhardus De Fretes, 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. * 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). Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review. The BIA did not abuse its discretion in denying De Fretes’ motion to reopen as untimely, where it was filed over four years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and where De Fretes failed to establish materially changed circumstances in Indonesia to qualify for the regulatory exception to the time limitation for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening). PETITION FOR REVIEW DENIED. 2 14-70710

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