U.S. Department of JusticC" Executive Office for Immigration Review Decision of the Board of Immigration Appeals Falls Church, Virginia 22041 File: A073 180 093 - New York, NY Date: MAR 2 _ _011 In re: BORIS JOURBINE IN DEPORTATION PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: APPLICATION: Jodi Ziesemer, Esquire Catherine G, Baker Assistant Chief Counsel Reopening ORDER: The motion is denied. The respondent's motion is untimely filed and has not been shown to qualify for any exception to the filing requirements imposed on motions to reopen deportation proceedings. See section 240(e)(7)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(c)(7)(C); 8 C.F.R. § 1003.2(e)(2). The evidence proffered with the respondent's present motion indicating that the respondent is no longer considered a citizen of Kazakhstan beeause he failed to register with the Consulate as required by law does not reflect changed country conditions in Kazakhstan that materially affect his eligibility for asylum, withholding of removal, and protection under the Convention Against Torture. See 8 C.F.R. § 1003.2(c)(3)(ii). Nor is the respondent's alleged resulting stateless status alone sufficient to demonstrate his prima facie eligibility for such relief. Cf. Halle v. Holder, 591 F.3d 572, 573-74 (7th Cir. 2010) (recognizing that taking away a person's citizenship on account of a protected ground amounts to persecution). Finally, the respondent's motion does not demonstrate an exceptional situation that would warrant the exercise of our discretion to reopen his proceedings under our sua sponte authority. See Matter of J-J-, 21 I&N Dec. 976, 984 (BIA 1997) (stating that "[t]he power to reopen on our own motion is not meant to be used as a general cure for filing defects or to otherwise circumvent the regulations, where enforcing them might result in hardship"). On this record, the respondent has not provided us with an adequate reason to overlook the untimeliness of his motion. Accordingly, the respondent's motion is denied. FOR THE BOARD