Meriyu v. Barr

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 19-1892
Decision Date: 
February 26, 2020
Federal District: 
Petition for Review, Order of Board of Immigration Appeals
Holding: 
Petition denied

Board did not abuse its discretion in denying alien’s motion to reopen removal proceedings that had ended in IJ entering removal order in absentia, where instant motion was filed 14 years after removal order had been entered. Board could properly find that motion to reopen was untimely, where it had been filed after expiration of relevant 90-day period after removal order had been entered. Moreover, while instant period does not apply if alien could show that conditions in Indonesia had materially changed since time of removal order, record supported IJ’s finding that any evidence of ongoing discrimination and mistreatment of some segments of Indonesian society was similar and not materially different from conditions alleged in alien’s asylum application. As such, instant motion was untimely.