SHUXIONG DONG V. ERIC HOLDER, JR., No. 12-71669 (9th Cir. 2013)

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FILED DEC 9 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SHU XIONG DONG, No. 12-71669 Petitioner, Agency No. A095-448-360 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. Shu Xiong Dong, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order denying his second motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for an abuse of discretion the BIA s denial of a motion to reopen. * 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). Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review. For a second time, Dong argues the BIA should have reopened his case based on changes in China s country conditions with respect to Falun Gong practitioners and based on the birth of his second child in the United States. The BIA did not abuse its discretion in denying Dong s motion to reopen as timebarred and number-barred, see 8 C.F.R. § 1003.2(c)(2), where Dong failed to demonstrate he qualified for an exception to the limitations on motions to reopen, see 8 C.F.R. § 1003.2(c)(3); Najmabadi, 597 F.3d at 986 (we defer to the BIA s exercise of discretion unless it acted arbitrarily, irrationally, or contrary to law ) (citation omitted). PETITION FOR REVIEW DENIED. 2 12-71669

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