Virginia Tambunan v. Eric H. Holder Jr.

MEMORANDUM ** Virginia Tambunan, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 *135 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004), and we deny the petition for review. The BIA did not abuse its discretion in denying Tambunan’s motion to reopen as untimely where Tambunan filed the motion almost four years after the BIA’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and failed to submit material evidence of changed circumstances in Indonesia that would excuse the late filing, see 8 C.F.R. § 1003.2(e)(3)(ii); see also Malty, 381 F.3d at 945 (requiring circumstances to 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. Footnotes [**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.