SISCA MANEMBU V. ERIC HOLDER, JR., No. 09-73409 (9th Cir. 2012)

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FILED MAR 02 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SISCA MANEMBU, No. 09-73409 Petitioner, Agency No. A079-195-229 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Sisca Manembu, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. * 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). 2010), and we deny the petition for review. The BIA did not abuse its discretion by denying Manembu s motion to reopen as untimely where the motion was filed over four years after the BIA s final order, see 8 C.F.R. § 1003.2(c)(2), and Manembu failed to present sufficient evidence of changed circumstances in Indonesia to qualify for the regulatory exception to the time limit for filing motions to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004) ( The critical question is . . . whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution. ). PETITION FOR REVIEW DENIED. 2 09-73409

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