Shuxiong Dong v. Eric H. Holder Jr. , 478 F. App'x 452 ( 2012 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            JUL 18 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    SHU XIONG DONG,                                  No. 08-74954
    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 June 26, 2012 **
    Before:        SCHROEDER, HAWKINS, and GOULD, 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 motion to reopen.
    Our jurisdiction is governed by 
    8 U.S.C. § 1252
    . We review for abuse of
    *
    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).
    discretion the BIA’s denial of a motion to reopen. Lin v. Holder, 
    588 F.3d 981
    ,
    984 (9th Cir. 2009). We deny in part and dismiss in part the petition for review.
    The BIA did not abuse its discretion by denying Dong’s motion to reopen as
    untimely because it was filed more than 90 days after the entry of the agency’s
    final administrative order and Dong failed to show changed circumstances in China
    in order to qualify for the regulatory exception to the filing deadline. See 
    8 C.F.R. § 1003.2
    (c)(2), (c)(3)(ii); Lin, 
    588 F.3d at 988-89
     (record did not show material
    change in enforcement of family planning laws sufficient to establish changed
    country conditions and excuse an untimely motion to reopen); He v. Gonzales, 
    501 F.3d 1128
    , 1132 (9th Cir. 2007) (a change in personal circumstances does not
    establish changed country conditions).
    We decline to address Dong’s contention that he suffered past persecution in
    China because it was not addressed by the BIA and Dong does not argue that the
    BIA erred. See Najmabadi v. Holder, 
    597 F.3d 983
    , 986 (9th Cir. 2010) (review is
    limited to actual grounds relied upon by the BIA).
    We lack jurisdiction to review Dong’s claims regarding humanitarian relief
    and extreme hardship because he failed to exhaust these claims before the BIA.
    See Barron v. Ashcroft, 
    358 F.3d 674
    , 678 (9th Cir. 2004).
    PETITION FOR REVIEW DENIED in part; DISMISSED in part.
    2                                    08-74954
    

Document Info

Docket Number: 08-74954

Citation Numbers: 478 F. App'x 452

Filed Date: 7/18/2012

Precedential Status: Non-Precedential

Modified Date: 1/12/2023