MADHU BALA V. ERIC HOLDER, JR., No. 10-72872 (9th Cir. 2012)

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FILED APR 23 2012 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MADHU BALA; et al., No. 10-72872 Petitioners, Agency Nos. v. A095-599-713 A095-599-714 A095-599-715 ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM * Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Madhu Bala and her family, natives and citizens of India, petition for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of * 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). discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion in denying petitioners motion to reopen as untimely because the motion was filed over five years after the BIA s final administrative order, see 8 C.F.R. § 1003.2(c)(2), and petitioners failed to demonstrate changed circumstances in India to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597 F.3d at 98790; see also Toufighi v. Mukasey, 538 F.3d 988, 996-97 (9th Cir. 2008). We lack jurisdiction to review the BIA s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See MejiaHernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 10-72872

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