NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 27 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WIRA REAGAN KOJONGIAN, No. 19-72334 Petitioner, Agency No. A078-020-340 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 20, 2021** Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges. Wira Reagan Kojongian, 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 the BIA’s denial of a motion to reopen. Najmabadi * 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). v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review. The BIA did not abuse its discretion in denying Kojongian’s motion to reopen as untimely and number barred, where it was filed more than eleven years after the order of removal became final and was beyond the numerical limitations, see 8 C.F.R. § 1003.2(c)(2), and where Kojongian did not establish changed country conditions in Indonesia that are material to his claim for relief, see 8 C.F.R. § 1003.2(c)(3)(ii) (requiring material evidence of changed circumstances to qualify for exception to the time and numerical limitations for motions to reopen); Najmabadi, 597 F.3d at 987-90 (evidence must be “qualitatively different” to warrant reopening). We deny Kojongian’s motion to take judicial notice (Docket Entry No. 10). See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc) (the court’s review is limited to the administrative record). The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal (Docket Entry No. 1) is otherwise denied. PETITION FOR REVIEW DENIED. 2 19-72334 19-72334 Court of Appeals for the Ninth Circuit ca9 9th Cir. Wira Kojongian v. Merrick Garland 27 April 2021 Agency Unpublished 4057a37985ab4fc5ee92cb4bf66ff1aaaf3b0f50
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