Sarkar v. Ashcroft
Opinion of the Court
MEMORANDUM
Atm Magfoor Rahman Sarkar, his wife, and their three children, all natives and
The BIA did not abuse its discretion in denying Petitioners’ motion to reopen because it was filed seven months after the BIA’s final decision, and did not present evidence of changed circumstances in Bangladesh that was unavailable at the time of their previous hearing. See 8 C.F.R. § 1003.2(c)(2) (A motion to reopen “must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened”); 8 C.F.R. § 1003.2(c)(3)(ii) (motion to reopen may be filed based on changed country conditions if such evidence is material and was unavailable and could not have been discovered or presented at the previous hearing).
Petitioners’ remaining contentions lack merit.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Atm Magfoor Rahman SARKAR v. John ASHCROFT, Attorney General
- Cited By
- 1 case
- Status
- Published