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Bambang Sugiharto v. Jefferson Sessions
14-70920
| 9th Cir. | Aug 14, 2017
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*1 Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

Bambang Sugiharto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen, Najmabadi v. Holder , 597 F.3d *2 983, 986 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Sugiharto’s motion to reopen because he filed it more than five years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and the motion failed to establish materially changed country conditions in Indonesia to qualify for the regulatory exception to the limitations imposed on filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii), see Toufighi v. Mukasey , 538 F.3d 988, 996-97 (9th Cir. 2008) (evidence was immaterial in light of prior adverse credibility determination).

PETITION FOR REVIEW DENIED.

2 14-70920

[*] 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).

Case Details

Case Name: Bambang Sugiharto v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 14, 2017
Docket Number: 14-70920
Court Abbreviation: 9th Cir.
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