TANDAYU v. MUKASEY

No. 07-1738.

521 F.3d 97 (2008)

Benjamin Fransiskus TANDAYU, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided March 27, 2008.


Attorney(s) appearing for the Case

David J. Rodkin, on brief for Petitioner.

Peter D. Keisler, Assistant Attorney General, Mary Jane Candeux, Assistant Director, and Jule Pfluger, Trial Attorney, on brief for respondent.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.


LIPEZ, Circuit Judge.

We are reviewing the denial by the Board of Immigration Appeals ("BIA") of petitioner Benjamin Fransiskus Tandayu's second motion to reopen a removal proceeding. The BIA concluded that the additional evidence submitted by Tandayu in support of this motion did not establish a change of conditions in Indonesia, his country of origin. We reject the petitioner's assertions that the BIA abused its discretion and deny the petition for review.

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