[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 13

- 11058 Non

- Argument Calendar

________________________

Agency No. A098

- 564

- 173

MASRI SASTRAWAN, Petitioner,

versus U.S. ATTORNEY GENERAL, Respondent.

________________________ Peti tion for Review of a Decision of the Board of Immigration Appeals

________________________ (October 17, 2013) Before MARCUS , MARTIN and KRAVITCH, Circuit Judges.
PER CURIAM:

Case: 13-11058 Date Filed: 10/17/2013 Page: 1 of 42 Masri Sastrawan, a native and citizen of Indonesia, petitions for review of the Board of Immigratio n Appeals’s (BIA ’s ) denial of his motion to reopen and reconsider the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) . After thorough review, we deny the petition. In 2008, Sastrawan fil ed an application for asylum, withholding of removal, and CAT relief, alleging that, because he had married a Christian woman and converted to Christianity, he would be subject to persecution if he returned to Indonesia. The Immigration Judge (IJ) denied Sastrawan’s application, finding
th at he had not demonstrated he would be persecuted in Indonesia . Sastrawan appealed to the BIA, which affirmed the IJ’s decision in May 2010. In September 2012, Sastrawan filed a motion to reopen and motion for
reconside ration, arguing that a change in the law and changed country conditions in Indonesia warranted a new hearing. The BIA denied Sastrawan’s motion s , findin g that his motion to reconsider was untimely and that he failed to demonstrate changed country conditions necessary to overcome the time limitation governing motions to reopen . Sastrawan petitions this court for review of that decision. Sastrawan first asserts that the BIA should have granted his motion for reconsiderat ion because two Ninth Circuit cases establish a new legal framework

Case: 13-11058 Date Filed: 10/17/2013 Page: 2 of 43 that warrants reconsideration of his application. See Tampubolon v. Holder , 610 F.3d 1056 (9th Cir. 2010); Wakkary v. Holder , 558 F.3d 1049 (9th Cir. 2009) . We review the BIA’s denial of a motion to reconsider for an abuse of discretion. Scheerer v. U.S. Att’y Gen. , 513 F.3d 1244, 1252 (11th Cir. 2008). An alien must file a motion to reconsider “within 30 days of the date of entry of a final administrative order of removal.” 8 U.S.C. § 1229a(c)(6)(C). The BIA issued its final order of removal in May 2010, and Sastrawan did not move for reconsideration until September 2012, more than two years later, well after the deadline for filing a motion for reconsideration. See id. And the cases on which
he relies do not create an exception to the time limit to file a motion for reconsideration. See generally Tampubolon , 610 F.3d 1056; Wakkary , 558 F.3d 1049. Thus , the BIA did not abuse its discretion in denying Sastrawan’s motio n for reconsideration. Sastrawan next argues that the BIA erred by refusing to grant his motion to reopen based on changed country conditions. We review the BIA’s denial of a motion to reopen for an abuse of discretion, and our review is “limited to dete rmining whether the BIA exercised its discretion in an arbitrary or capricious
manner.” Zhang v. U.S. Att’y Gen. , 572 F.3d 1316, 1319 (11th Cir. 2009). Generally, an alien must file a motion to reopen “within 90 days of the date of entry of a final admin istrative order.” 8 U.S.C. § 1229a(c)(7)(C)(i). But there is

Case: 13-11058 Date Filed: 10/17/2013 Page: 3 of 44 no time limitation where the motion is “based on changed country conditions . . . if such evidence is material and was not available and would not have been discovered or presented at the previ ous proceeding. Id. § 1229a(c)(7)(C)(ii). Sastrawan contends that conditions for Christians in Indonesia are worse than when he was originally ordered removed , as demonstrated by t he 2010 International Religious Freedom Report. T hat report demonstrates that Muslim groups used violence and intimidation to close churches , that the government has failed to punish perpetrators o f religious violence, and that some areas have implemented Islamic law

. But the 2007 International Religious Freedom Report , which Sastrawan s ubmitted with his original application , contained reports of similar incidents

. Sastrawan has therefore failed to show that conditions for Christians in Indonesia have materially worsened. See Jiang v. U.S. Att’y Gen. , 568 F.3d 1252, 1256

- 57 ( 11th Cir. 2009) (“An alien who attempts to show that the evidence is material bears a heavy burden and must present evidence that demonstrates that, if the proceedings were reopened, the new evidence would likely change the result in the case.”). Accordin gly, t he BIA did not abuse its discretion in denying Sastrawan’ s motion to reopen

. See Zhang , 572 F.3d at 1319. PETITION DENIED. Case: 13-11058 Date Filed: 10/17/2013 Page: 4 of 4