Celmeta v. Holder
Celmeta v. Holder
Opinion of the Court
MEMORANDUM
Substantial evidence supports the Immigration Judge’s determination that Celmeta
Finally, Celmeta failed to raise to the BIA his claim that the revisions made by the Immigration Judge to the transcript of the oral decision constituted a violation of due process. Therefore, Celmeta did not exhaust this issue and we lack jurisdiction to consider it. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004); Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir. 2001).
The BIA did not abuse its discretion when it denied Cehneta’s first motion to reopen as untimely. Celmeta was not entitled to equitable tolling of the 90-day filing deadline because he did not demonstrate he was prevented from timely filing his motion to reopen “because of deception, fraud, or error.” Iturribania v. INS, 321 F.3d 889, 897 (9th Cir. 2003).
Nor did the BIA abuse its discretion when it denied Celmeta’s motion to reopen based on changed country conditions. The new evidence Celmeta presented in his motion did not establish changed country conditions in Albania; nor did the alleged threats support his claim that he would be persecuted on account of one of the five protected grounds. See Toufighi v. Muka-sey, 538 F.3d 988, 997 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Besmira Celmeta, Shkelqim's daughter, petitions for asylum as a derivative asylee. See 8 U.S.C. § 1158(b)(3). Therefore, we consider only Shkelqim's petition for asylum and motions to reopen. Any motions filed on behalf of Besmira alone have no effect and are not before us.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.