Herman SURJADI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 395 F. App'x 371

MEMORANDUM Herman Surjadi, 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, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Surjadi’s motion to reopen as untimely where it was filed over five years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and Surjadi failed to establish changed circumstances in Indonesia to qualify for the regulatory exception to the time limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir.2008) (evidence must demonstrate prima facie eligibility for relief in order to reopen proceedings based on changed country conditions). PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.